The Obama Administration's Regulatory Review Initiative

The Obama Administration's Regulatory Review Initiative PDF Author: Thomas A. Hemphill
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
On January 18, 2011, President Obama signed Executive Order 13563, Improving Regulation and Regulatory Review, which instructs federal regulators to do the following: coordinate their agencies activities to simplify and harmonize rules that may be overlapping, inconsistent, or redundant; determine whether the present and future benefits of a proposed regulation justify its potential costs (including taking into account both quantitative and qualitative factors); increase participation of industry, experts, and the public (“stakeholders”) in the formal rule-making process; encourage the use of warnings, default rules, disclosure requirements, and provisions of information to the public as an alternative to traditional “command-and-control” rule-making restricting consumer choice; and mandate a government-wide review of all existing administrative rules to remove outdated regulations. Executive Order 13563 includes a qualitative “values” provision to be considered in the required cost-benefit analysis, which can potentially counteract the alleged regulatory reform rationale of President Obama. Furthermore, in Executive Order 13563, President Obama established a deadline of May 18, 2011, for all executive branch agencies to submit their plans to streamline their rulemaking operations and repeal those “overlapping, inconsistent, or redundant” rules. These two issues, along with complementary regulatory review proposals being discussed in the U.S. Congress, are evaluated in this essay.

The Obama Administration's Regulatory Review Initiative

The Obama Administration's Regulatory Review Initiative PDF Author: Thomas A. Hemphill
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
On January 18, 2011, President Obama signed Executive Order 13563, Improving Regulation and Regulatory Review, which instructs federal regulators to do the following: coordinate their agencies activities to simplify and harmonize rules that may be overlapping, inconsistent, or redundant; determine whether the present and future benefits of a proposed regulation justify its potential costs (including taking into account both quantitative and qualitative factors); increase participation of industry, experts, and the public (“stakeholders”) in the formal rule-making process; encourage the use of warnings, default rules, disclosure requirements, and provisions of information to the public as an alternative to traditional “command-and-control” rule-making restricting consumer choice; and mandate a government-wide review of all existing administrative rules to remove outdated regulations. Executive Order 13563 includes a qualitative “values” provision to be considered in the required cost-benefit analysis, which can potentially counteract the alleged regulatory reform rationale of President Obama. Furthermore, in Executive Order 13563, President Obama established a deadline of May 18, 2011, for all executive branch agencies to submit their plans to streamline their rulemaking operations and repeal those “overlapping, inconsistent, or redundant” rules. These two issues, along with complementary regulatory review proposals being discussed in the U.S. Congress, are evaluated in this essay.

Opportunity Wasted

Opportunity Wasted PDF Author: Rena I. Steinzor
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
In April of 2011, the Center for Progressive Reform issued a white paper that identified 12 key health, safety, and environmental regulatory actions slowly working their way through the Obama Administration's regulatory pipeline. In the white paper, the authors warned that the Administration's failure to adopt a sense of urgency with respect to completing its work had opened the door to the very real prospect that nine of the twelve regulatory actions might get caught up in the backwash of the 2012 presidential campaign, and indeed might never be completed by the current Administration. Judging from the Administration's recently released regulatory agenda, all or part of nine of these actions will not go into effect during this presidential term.Nearly ten months later, that grim prediction is coming true. For all intents and purposes, the Administration seems to have shut down its regulatory machinery, evidently unwilling to advance significant regulatory initiatives for fear that they could adversely affect the President's chances of being reelected.This report returns to the 12 critical regulatory actions identified in the previous white paper, using the Administration's most recent regulatory agenda as a gauge of how much progress the Administration is likely to achieve in advancing them over the course of 2012.

Just Regulation

Just Regulation PDF Author: Richard L. Revesz
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Taking account of the impacts of government action on historically marginalized and overburdened communities is a core policy goal of the Biden-Harris Administration. With respect to regulatory action, the Memorandum on Modernizing Regulatory Review, which President Biden issued on his first day in office, directed the Office of Management and Budget to take steps “to ensure that regulatory initiatives appropriately benefit and do not inappropriately burden disadvantaged, vulnerable, or marginalized communities” While the efforts in this regard have gone beyond those of the Clinton and Obama Administrations, federal regulations still pay limited attention to regulatory consequences on disadvantaged communities. In this Article, we seek to understand the shortcomings of current agency practice and outline what agencies can do better. To do so, we examine fifteen significant proposed or final agency rules promulgated during the Biden-Harris Administration's first eighteen months. This empirical analysis reveals four categories of limitations. First, agencies often pursue inconsistent goals across different regulatory initiatives. Second, they do not grapple with the core issue that distributional analysis should raise: the extent to which the better distributional consequences of one alternative should trump the higher net benefits of another alternative. Third, agencies do not apply a consistent approach to defining disadvantaged groups, which makes the analysis inconsistent and unpredictable. Fourth, the distributional analysis relies on a truncated set of costs and benefits, and thus presents an incomplete picture of the consequences of regulation on disadvantaged communities. One of the fifteen analyses, however, suggests an attractive path to fulfilling the promise of distributional analysis, though significant work remains to be done.

The Administrative State

The Administrative State PDF Author: Dwight Waldo
Publisher: Routledge
ISBN: 1351486330
Category : Political Science
Languages : en
Pages : 384

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Book Description
This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

Simpler

Simpler PDF Author: Cass R. Sunstein
Publisher: Simon and Schuster
ISBN: 1476726612
Category : Political Science
Languages : en
Pages : 272

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Book Description
Simpler government arrived four years ago. It helped put money in your pocket. It saved hours of your time. It improved your children’s diet, lengthened your life span, and benefited businesses large and small. It did so by issuing fewer regulations, by insisting on smarter regulations, and by eliminating or improving old regulations. Cass R. Sunstein, as administrator of the most powerful White House office you’ve never heard of, oversaw it and explains how it works, why government will never be the same again (thank goodness), and what must happen in the future. Cutting-edge research in behavioral economics has influenced business and politics. Long at the forefront of that research, Sunstein, for three years President Obama’s “regulatory czar” heading the White House Office of Information and Regulatory Affairs, oversaw a far-reaching restructuring of America’s regulatory state. In this highly anticipated book, Sunstein pulls back the curtain to show what was done, why Americans are better off as a result, and what the future has in store. The evidence is all around you, and more is coming soon. Simplified mortgages and student loan applications. Scorecards for colleges and universities. Improved labeling of food and energy-efficient appliances and cars. Calories printed on chain restaurant menus. Healthier food in public schools. Backed by historic executive orders ensuring transparency and accountability, simpler government can be found in new initiatives that save money and time, improve health, and lengthen lives. Simpler: The Future of Government will transform what you think government can and should accomplish.

The President and Immigration Law

The President and Immigration Law PDF Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361

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Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Federalism Under Obama

Federalism Under Obama PDF Author: Gillian E. Metzger
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This article, prepared for a symposium at the William and Mary Law School on Constitutional Transformations to be published this fall in the William and Mary Law Review, analyzes the status of federalism under the Obama Administration. At first glance, federalism would seem to have fared poorly under the Obama Administration, given that the Administration's signature achievements to date involve substantial expansions of the federal government's role. But a careful examination of major measures such as health insurance and financial regulation reform, the stimulus, and preemption initiatives demonstrates that the story of federalism's fate under the Obama Administration is not so simple. To be sure, these measures entail some preemption and new, sometimes substantial, state burdens. But each also has brought with it significant regulatory and financial opportunities for the states. Rather than assertions of federal power at the expense of the states, the central dynamic evident under the Obama Administration to date is a move towards more active government, at both the national and state level. States are given significant room to shape their participation in the new federal initiatives, as well as enhanced regulatory authority and expanded resources to do so. States that are eager to play a greater regulatory role and support the new federal policies therefore have much to gain. But states that choose to stay on the sidelines face the prospect of direct federal intervention or loss of access to substantial federal funds, and their ability to pursue their preferred regulatory (or deregulatory) strategies may be curtailed. Put differently, federalism under the Obama Administration is federalism in service of progressive policy, not a general devolution of power and resources to the states - but it can be an important form of federalism nonetheless. Equally significant, the experience so far under the Obama Administration highlights the central importance of the administrative sphere to modern day federalism. Moreover, a particularly interesting feature of the Obama Administration initiatives is their use of administrative structures that not only deeply embed the states in federal program implementation, but also give the states a role in setting the content of federal regulatory standards and even overseeing federal agency performance.

The Administrative Presidency

The Administrative Presidency PDF Author: Richard P. Nathan
Publisher: John Wiley & Sons
ISBN:
Category : Political Science
Languages : en
Pages : 228

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Book Description


Reaching for a New Deal

Reaching for a New Deal PDF Author: Theda Skocpol
Publisher: Russell Sage Foundation
ISBN: 1610447115
Category : Political Science
Languages : en
Pages : 457

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Book Description
During his winning presidential campaign, Barack Obama promised to counter rising economic inequality and revitalize America's middle-class through a series of wide-ranging reforms. His transformational agenda sought to ensure affordable healthcare; reform the nation's schools and make college more affordable; promote clean and renewable energy; reform labor laws and immigration; and redistribute the tax burden from the middle class to wealthier citizens. The Wall Street crisis and economic downturn that erupted as Obama took office also put U.S. financial regulation on the agenda. By the middle of President Obama's first term in office, he had succeeded in advancing major reforms by legislative and administrative means. But a sluggish economic recovery from the deep recession of 2009, accompanied by polarized politics and governmental deadlock in Washington, DC, have raised questions about how far Obama's promised transformations can go. Reaching for a New Deal analyzes both the ambitious domestic policy of Obama's first two years and the consequent political backlash—up to and including the 2010 midterm elections. Reaching for a New Deal opens by assessing how the Obama administration overcame intense partisan struggles to achieve legislative victories in three areas—health care reform, federal higher education loans and grants, and financial regulation. Lawrence Jacobs and Theda Skocpol examine the landmark health care bill, signed into law in spring 2010, which extended affordable health benefits to millions of uninsured Americans after nearly 100 years of failed legislative attempts to do so. Suzanne Mettler explains how Obama succeeded in reorienting higher education policy by shifting loan administration from lenders to the federal government and extending generous tax tuition credits. Reaching for a New Deal also examines the domains in which Obama has used administrative action to further reforms in schools and labor law. The book concludes with examinations of three areas—energy, immigration, and taxes—where Obama's efforts at legislative compromises made little headway. Reaching for a New Deal combines probing analyses of Obama's domestic policy achievements with a big picture look at his change-oriented presidency. The book uses struggles over policy changes as a window into the larger dynamics of American politics and situates the current political era in relation to earlier pivotal junctures in U.S. government and public policy. It offers invaluable lessons about unfolding political transformations in the United States.

Show Me the Evidence

Show Me the Evidence PDF Author: Ron Haskins
Publisher: Brookings Institution Press
ISBN: 0815725701
Category : Political Science
Languages : en
Pages : 337

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Book Description
The first comprehensive history of the Obama administration's evidence-based initiatives. From its earliest days, the Obama administration planned and enacted several initiatives to fund social programs based on rigorous evidence of success. Ron Haskins and Greg Margolis tell the story of six—spanning preschool and K-12 education, teen pregnancy, employment and training, health, and community-based programs. Readers will appreciate the fast-moving descriptions of the politics and policy debates that shaped these federal programs and the analysis of whether they will truly reshape federal social policy and greatly improve its impacts on the nation's social problems. Based on interviews with 134 individuals (including advocates, officials at the Office of Management and Budget and the Domestic Policy Council, Congressional staff, and officials in the federal agencies administering the initiatives) as well as Congressional and administration documents and news accounts, the authors examine each of the six initiatives in separate chapters. The story of each initiative includes a review of the social problem the initiative addresses; the genesis and enactment of the legislation that authorized the initiative; and the development of the procedures used by the administration to set the evidence standard and evaluation requirements—including the requirements for grant applications and awarding of grants.