This spring, ACUS’s Committee on Administration and Management will revisit agencies’ procedures for reanalyzing and amending existing regulations.
The project, Periodic Retrospective Review, builds on Recommendation 2014-5, which was intended to provide a framework for cultivating a “culture of retrospective review” within regulatory agencies. The recommendation identified best practices for conducting retrospective review.
This new project focuses on how agencies can carry out regulatory review on a more regularized basis. It will address the hurdles agencies confront when they implement periodic retrospective review and identify best practices for designing effective programs. The consultants for the project, Duke University Professors Lori Bennear and Jonathan Wiener, are in the final stages of their research.
In many instances, agencies are legally required to periodically review their regulations, but there are many reasons agencies should conduct this analysis even when not legally required. Periodic review of existing regulations allows agencies to determine whether they continue to meet their statutory objectives. It also allows agencies to assess the accuracy of their initial estimates of rules’ benefits and costs.
The Committee will meet to consider the project on April 9 and April 23. The project aims to produce a set of recommended best practices for the consideration of ACUS’s full Assembly at the June 2021 Plenary Session.