A Response to the Presidential Executive Order on Modernizing Centralized Regulatory Review

March 25, 2021
 ALR       JBCA    Yale-ABA

Centralized  Regulatory Review was in existence for 22 years before the signing of  Executive Order 12866.

The presentation set forth below was made to a panel at  the 2021 Annual Conference of the Society for Benefit-Cost Analysis on March 24 by the Center for Regulatory Effectiveness and duly forwarded to members of the Biden Administration.

                                                     CRE Takeaways
                                                

Here are CRE’s takeaways from the aforementioned presentation which is posted below this summary statement:

George Shultz and the History of Centralized Rulemaking

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Trump then Biden: Did Scalia Get It Right?

A number of Trump judicially determined abuses of Executive Branch rulemaking authorities have been struck down without reliance on Chevron.  What remains is being addressed by the Biden Administration either through the exercise of its rulemaking authorities or in response to petitions filed pursuant to the Information Quality Act. What’s  there not to like about representatives of an elected official acting as the tie breaker in lieu of an unelected individual(s)? Furthermore, with the ever increasing use of holistic decision-making processes  and the attendant improvement in the analytical tools  used in the Executive Branch it is clear that neither of these are in the long suit of the judiciary.

OIRA 2.0: A Reality?

November 6, 2020  CRE publishes three options for managing the administrative state, # 2 is a proactive role for OIRA.

January 20, 2021 President Biden issues his Modernization Executive Order and directs OMB to report on a possible proactive role for OIRA

January 24, 2021  CRE publishes a Critique of the issues the Biden Administration should address when implementing its regulatory agenda; a proactive role for OIRA is the first one on the list.

George Shultz and Centralized Regulatory Review

“Dr. Shultz’s prodigious inside knowledge of the U.S. government was rivaled by few figures in recent memory, and his soft-spoken, cerebral manner obscured his strong conservative views about the wisdom of keeping spending under control, limiting government regulation and vigorously confronting terrorists,”

Dr. Shultz signed the 1971 Memorandum which initiated centralized regulatory review in Executive Branch Agencies. He passed on February 6, 2021 at 100 years of age.  See this detailed account of the enormity of his contribution to the effective management of the administrative state.