Review of Regulatory Analysis Requirements

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Committee: 
Review of Regulatory Analysis Requirements in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation

Contacts

Implementation Contact
202.480.2083
rbull@acus.gov
Committee Chair
Partner
Stinson Morrison Hecker LLP
Consultant
Retired (Former Specialist in American Government at the Congressional Research Service)
Media
202.480.2091
mkindelan@acus.gov

Background:  Agencies wishing to promulgate regulations face an array of procedural requirements.  In addition to the basic notice-and-comment requirements of the Administrative Procedure Act, see 5 U.S.C. § 553, agencies are subject to numerous analysis requirements imposed by other statutes or by executive order.  For example, in appropriate cases, agencies must prepare a cost-benefit analysis, see Executive Orders 12,866, 13,563; a regulatory flexibility analysis, see 5 U.S.C. § 603; a federalism impact statement, see Executive Order 13,132; analyses required by the Unfunded Mandates Reform Act, see 2 U.S.C. §§ 1532, 1535; an environmental impact statement, see 42 U.S.C. § 4332; and an evaluation of the rule’s environmental health, and safety effects on children, see Executive Order 13,045.  The Conference has undertaken to study this array of regulatory analysis requirements.

Research Methodology:  The Conference’s consultant, Curtis Copeland, examined whether there is any duplication in the required analyses that could be eliminated in a way that would produce cost savings and whether or not the requirements could otherwise be rationalized or streamlined while continuing to serve their valuable goals.  He considered the costs and benefits of the required analyses and assessed whether the required analyses are performed accurately.  In connection with his research, Mr. Copeland reviewed the scholarly literature, conducted a series of structured interviews with agency officials, and engaged in a detailed examination of selected regulatory analyses.

Additional Information: The Regulatory Analysis project was initially assigned to the Committee on Rulemaking, which held a meeting on November 14, 2011 to discuss the scope of the project (the documents from that meeting are posted below).  The project was thereafter re-assigned to the Committee on Regulation, which conducted two meetings in connection with the Regulatory Analysis project.  At the first meeting, which occurred on Wednesday, April 4, 2012, the Committee on Regulation considered Mr. Copeland’s report and a set of draft recommendations based thereon.  At the second meeting, which took place on Thursday, May 3, 2012, the Committee on Regulation approved a draft recommendation.  The Council approved the draft recommendation with certain revisions, and the full Assembly of the Conference voted to approve the recommendation at its Plenary Session on June 14, 2012.  All relevant documents connected with the Plenary Session and committee meetings are posted below. 

Final Recommendation

  • Recommendation number: 2012-1
  • Adopted on: June 14, 2012
  • Committees: Regulation

Recommendation 2012-1, “Regulatory Analysis Requirements,” considers the various regulatory analysis requirements imposed upon agencies by both executive orders and statutes. It offers recommendations designed to ensure that agencies satisfy the existing requirements in the most efficient and transparent manner possible. It also provides recommendations on streamlining the existing analysis requirements.

Implementation

At its 56th Plenary Session on June 14-15, 2012, the Administrative Conference adopted Recommendation 2012-1, Regulatory Analysis Requirements. This recommendation addresses the issue of agencies having to comply with numerous regulatory analysis requirements created by statute and executive orders.  The recommendation is supported by an extensive report which includes an appendix charting all of the regulatory analysis requirements of the 100 major rules subject to OMB review in 2010.  The goal of the recommendation is to ensure agencies fulfill the regulatory analysis requirements efficiently, and to enhance the transparency of the process.  Agencies, the Congress, the President and OIRA at OMB are all encouraged to play a role in this effort.

Read the Federal Register notice announcing the adoption of Recommendation 2012-1, available at 77 Fed. Reg. 47800, 47801

Project Documents

Name Committee Type Datesort ascending
Proposed Recommendation: Regulatory Analysis Requirements Regulation Recommendation June 14, 2012 Download
Regulatory Analysis Requirements Regulation Recommendation June 14, 2012 Download
NYU Institute for Policy Integrity Comments Collaborative Governance, Regulation Public Comment June 13, 2012 Download
Combined Comments Regulation Public Comment June 13, 2012 Download
Redlined Recommendation Containing Amendments and Comments: Regulatory Analysis Redline Regulation Recommendation June 8, 2012 Download
Senior Fellow Alan Morrison Comments on Proposed Recommendation Regulation Public Comment June 5, 2012 Download
Siciliano's Comments on Proposed Recommendation Regulation Public Comment May 29, 2012 Download
Draft Recommendation Considered at Plenary: Regulatory Analysis Requirements Regulation Recommendation May 22, 2012 Download
Strauss's Comments on Proposed Recommendation Regulation Public Comment May 21, 2012 Download
Committee Meeting Webcast Regulation Webcast May 3, 2012 Watch Video
Comments from Institute for Policy Integrity Regulation Public Comment May 2, 2012 Download
Comment from Small Business Administration Regulation Public Comment May 1, 2012 Download
Draft Recommendation for May 3, 2012 Meeting Regulation Recommendation April 24, 2012 Download
Regulatory Analysis Requirements Report Regulation Report April 23, 2012 Download
Regulatory Analysis Requirements Report Final Regulation Report April 23, 2012 Download
Committee Meeting Webcast Regulation Webcast April 4, 2012 Watch Video
Committee on Regulation Meeting Agenda Regulation Agenda April 4, 2012 Download
Committee on Regulation Meeting Minutes Regulation Meeting Minutes April 4, 2012 Download
Copeland's Proposed Edits to Draft Recommendation Regulation Recommendation April 4, 2012 Download
Redline of Recommendation Containing Strauss Edits Regulation Recommendation April 4, 2012 Download
Strauss Comments on Report/Recommendation Regulation Public Comment April 4, 2012 Download
Draft Recommendation for April 4 Meeting Regulation Recommendation March 20, 2012 Download
Copeland Report on Regulatory Analysis Requirements Appendix Regulation Appendix March 13, 2012 Download
Curtis Copeland's Report on Regulatory Analysis Requirements Regulation Report March 13, 2012 Download
Committee on Regulation Meeting Minutes Regulation Meeting Minutes March 7, 2012 Download
Review of Regulatory Analysis Requirements Outline Regulation Outline November 9, 2011 Download
Comments on Copeland Project Outline Regulation Public Comment November 9, 2011 Download
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