by Emily Bremer
The ABA Section of Administrative Law and Regulatory Practice has just released its 2016 Report to the President-Elect on Improving the Administrative Process. In keeping with its practice in previous election years, the Section has delivered the report to the transition teams of the two major party candidates for President.
• Oversight and Improvement of the Rulemaking Process
- First, use effective regulatory planning mechanisms.
- Second, continue the interagency regulatory review process consistent with the principles and procedures embodied in Executive Order 12866 and Executive Order 13563, use benefit-cost analysis for economically significant rules unless prohibited by law, and secure the funding necessary for its effectiveness.
- Third, ensure appropriate transparency in White House oversight of agency rulemaking through the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA).
- Fourth, the scope of regulatory review properly includes both “significant” regulatory actions and “significant” guidance documents, and there should be a streamlined process to review guidance.
- Fifth, support the use of sound scientific risk assessment.
- Sixth, continue and, where appropriate, expand upon existing bilateral and multilateral regulatory cooperation and coherence efforts between the United States and other countries, and identify new opportunities for regulatory cooperation.
- Seventh, extend Executive oversight to many independent regulatory agencies.