Recommendation 2013-2, Benefit-Cost Analysis at Independent Regulatory Agencies, highlights a series of best practices directed at independent regulatory agencies in the preparation of benefit-cost analyses that accompany proposed and final rules.
This proposed statement highlights potential mechanisms for reducing the backlog of rules under review by the Office of Information and Regulatory Affairs (OIRA), including promoting enhanced coordination between OIRA and agencies prior to the submission of rules, encouraging the return of rules that require additional analysis, and ensuring that OIRA has adequate staffing to complete reviews in a timely manner.
Recommendation 2011-6, International Regulatory Cooperation, addresses how U.S. regulators can interact with foreign authorities to accomplish their domestic regulatory missions and eliminate unnecessary non-tariff barriers to trade. The project updates Administrative Conference Recommendation 91-1, Federal Agency Cooperation with Foreign Government Regulators.
Recommendation 2010-1, Agency Procedures for Considering Preemption of State Law, addresses issues relating to agency procedures for complying with Federal requirements regarding consultation with State and local governments and for considering State interests in rulemakings that may result in the preemption of State law.
Recommendation 2014-5, Retrospective Review of Agency Rules, examines agencies’ procedures for reanalyzing and amending existing regulations and offers recommendations designed to promote a culture of retrospective review at agencies. Among other things, it urges agencies to plan for retrospective review when drafting new regulations; highlights considerations germane to selecting regulations for reevaluation; identifies factors...
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.
Recommendation 2011–2, Rulemaking Comments, recognizes innovations in the commenting process that could promote public participation and improve rulemaking outcomes.
Recommendation 2013-3, Science in the Administrative Process, promotes transparency in agencies' scientific decision-making, including: articulation of questions to be informed by science information; attribution for agency personnel who contributed to scientific analyses; public access to underlying data and literature; and conflict of interest disclosures for privately funded research used by the agencies in licensing, rulemaking,...