1. Should the cumulative cost of regulations imposed by federal regulators be capped? Why or why not? What mechanism, if any, should be used to set such a cap on compliance costs?
2. Should OIRA’s regulatory review role be expanded to include independent agencies? Discuss the political, legal, and/or economic implications of such an expansion.
3. DOJ has informed the court that OIRA is the ultimate decision-maker on Requests for Correction filed pursuant to the Data Quality Act. What are the implications of this decision? Should the DOJ change its position that decisions made with respect to the Data Quality Act are not judicially reviewable?
4. The Administrative Procedure Act delineates the federal rulemaking process. Does an examination of its history demonstrate that it is a simple codification of the then existing rulemaking process or was it aimed at providing a shield to assaults on New Deal programs? If the latter, does such a finding argue for an expansion of OIRA’s role?
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