Three Federal Agency Proposals Exemplify Revived Commitment To Quantifying Costs And Benefits

From: Forbes

As part of the White House’s strategy to reform the administrative state, several federal agencies have proposed measures to improve the efficiency and transparency of the regulatory process. In recent months, the Environmental Protection Agency (EPA) and the Fish and Wildlife Service (FWS) have requested comments on cost-benefit analysis standards, while the Treasury Department and Internal Revenue Service (IRS) have proposed an economically significant rule that would require cost-benefit analysis.

Two Months To Go: Regulatory Budget Progress

Editor’s Note: See CRE’s website dedicated to the history of regulatory budgeting and current implementation of a regulatory budget here

From: American Action Forum

Dan Bosch

The most noteworthy component of the Trump Administration’s regulatory reform efforts is the establishment of a regulatory budget — a cap on the amount of costs an agency’s new rules can impose each year.  With the fiscal year (FY) ending on September 30, this analysis provides an update on where agencies stand relative to their savings target with two months to go.

Cost-Benefit Analysis of Tax Regulations: A Case Study

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Daniel Hemel, Jennifer Nou and David Weisbach

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Updating the Federal Administrative Procedure Sourcebook

From: Administrative Conference of the United States

Submitted by Frank Massaro

This post is part of the ACUS Intern Blog SeriesThis article was authored by Victoria Barnard, a 2L at the George Washington University Law School. The views expressed below are those of the author and do not represent the views of ACUS or the Federal Government.

The first edition of ACUS’s Federal Administrative Procedure Sourcebook, published in 1985, filled gaps in the public’s understanding of the regulatory processes by which federal government agencies operate. It also served as an invaluable resource for agency officials, by centralizing publication of analysis, legislative history, related regulations, and other references for 18 procedural statutes, including the Administrative Procedure Act, the Freedom of Information Act, and the Paperwork Reduction Act.

Regulatory lobbying has increased under the Trump administration, but the groups doing the lobbying may surprise you

From: Brookings

Rachel Augustine Potter

While talk of whether Trump is or is not “draining the swamp” of lobbyists continues in Washington (and on Twitter), one form of lobbying—lobbying the White House about regulations—has quietly flown under the radar. The Office of Information and Regulatory Affairs (OIRA)—the tiny White House office that serves as a clearinghouse for agency rules—regularly holds private meetings with stakeholders about regulations that are under development. These meetings are referred to by the anodyne-sounding term “12866 meetings” (in reference to Executive Order 12866, which governs regulatory review), but make no mistake about it—these meetings are regulatory lobbying pure and simple.

The Nation’s Precarious Fiscal Future

From: US GAO | Watchblog

The United States faces a highly challenging fiscal future. Absent change in policy, the federal fiscal path is unsustainable—debt is growing faster than the economy (GDP). This springs from the continuing gap between the amount of money the federal government collects in revenue, and the amount it spends—i.e., the federal deficit.

Today we issued an update on the fiscal condition of the U.S. government as of the end of FY 2017—and its likely fiscal future if policies don’t change.

The WatchBlog explores the nation’s fiscal health. Listen to our podcast with Susan Irving, our expert on debt and fiscal issues, then read on for more.

CRE’s Emphasis on Data Access and Data Quality is Rooted in the Paperwork Reduction Act Amendments of 1995

Editor’s Note: See also The Data Access Act, the Data Quality Act and the Paperwork Reduction Act: Three Cornerstones of Evidence-Based Rulemaking and Transparency in Regulatory Science: A History Lesson.

From: Regulatory Pacesetters

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The Data Access Act and the Data Quality Act were passed because notwithstanding continued requests by members of Congress for OMB to comply with the aforementioned statutes OMB refused to comply with the prevailing statute.

 

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Transparency in Regulatory Science: A History Lesson

From: Regulatory Pacesetters

American Association for the Advancement of Science-Federal Focus Symposium on Data Access

In order to encourage discussion and debate on the Data Access issue, the American Association for the Advancement of Science (AAAS) and Federal Focus, Inc. jointly sponsored a symposium on the Data Access issue on February 26, 1999, in Washington, D.C. Specific focus of the discussion was on the data provisions contained in the FY 1999 Omnibus Appropriations Act (P.L. 105-277) and conference report. Under that Act, OMB was required to amend its Circular A-110 (“Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations”) to make publicly-funded research data available to the public through requests under the Freedom of Information Act (FOIA).

Glogower Reviews Wallace’s Centralized Review of Tax Regulations

Editor’s Note: See also OMB Review of IRS Regulations.

From: TaxProf Blog | Weekly SSRN Tax Article Review And Roundup

By Ari Glogower

This week, Ari Glogower (Ohio State) reviews a new work by Clint Wallace (South Carolina), Centralized Review of Tax Regulations, 70 Ala. L. Rev. __ (2018).

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The work is important and timely, as policymakers reassess the question of executive oversight over tax regulations. Just a few weeks ago (and around the time the draft of this Article was posted), Treasury and OMB announced a new framework for OIRA review of tax regulations, that is likely to extend centralized review to a broader range of regulations, in accordance with the general criteria outlined in EO 12866.

Regulatory Impact Assessment in the Age of Partisan Volatility

From: The Regulatory Review

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The Office of Information and Regulatory Affairs (OIRA) and the practice of regulatory impact assessment can counteract these effects. These institutions were created during a different political time, roughly from the Nixon Administration through the Ronald Reagan–George H.W. Bush years—a period characterized by consistent Republican control of the presidency (with the exception of the short Carter Administration) and consistent Democratic control of Congress.

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