Why and How Independent Agencies Should Conduct Regulatory Impact Analysis PDF Download
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Author: Jerry Ellig
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Independent regulatory agencies face increasing pressure to conduct high-quality economic analysis of regulations, similar to the regulatory impact analysis conducted by executive branch agencies. Such analysis could be required by evolving judicial doctrines, regulatory reform statutes, or executive order. This article explains how regulatory impact analysis can contribute to smarter regulation, documents the current low quality of such analysis at many independent regulatory agencies, and offers a blueprint that independent agencies can use to build their capacity to conduct objective, high-quality analysis.
Author: Jerry Ellig
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Independent regulatory agencies face increasing pressure to conduct high-quality economic analysis of regulations, similar to the regulatory impact analysis conducted by executive branch agencies. Such analysis could be required by evolving judicial doctrines, regulatory reform statutes, or executive order. This article explains how regulatory impact analysis can contribute to smarter regulation, documents the current low quality of such analysis at many independent regulatory agencies, and offers a blueprint that independent agencies can use to build their capacity to conduct objective, high-quality analysis.
Author: Lane Jarvis
Publisher: Nova Science Publishers
ISBN: 9781629481951
Category : Administrative law
Languages : en
Pages : 0
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Book Description
Independent federal agencies are subject to the Regulatory Flexibility Act (RFA). Because they fall outside of presidential authority, however, independent agencies are not subject either to executive orders concerning regulatory impact analysis or to Office of Management and Budget (OMB) review of analysis. The absence of such guidance and oversight, characteristics of populations of entities regulated by independent agencies, and potentially differing adaptations or interpretations of regulatory flexibility raise questions about the degree and nature of their compliance with the RFA. This book characterises and assesses RFA compliance of independent federal agencies. As a group, independent federal agencies do less rigorous regulatory flexibility analysis than executive-branch agencies. The independent agencies rarely ever perform quantitative analysis of costs and impacts. Differences among the practices of most independent agencies that regulate small businesses, by comparison, were only differences of degree.
Author: Cary Coglianese
Publisher:
ISBN:
Category :
Languages : en
Pages : 35
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Book Description
Each year, independent regulatory agencies -- such as the Federal Communications Commission, Nuclear Regulatory Commission, and Securities and Exchange Commission -- issue highly consequential regulations. When they issue their regulations, however, they do not have to meet the same requirements for analysis that apply to other agencies. Consequently, courts, policymakers, and scholars have voiced serious reservations about a general lack of high-quality prospective analysis of new regulations at independent agencies. These agencies' track records with retrospective analysis of their existing regulations raise similar concerns. In this article, I approach the quality of regulatory analysis at independent agencies as a policy problem, assessing the current quality and offering possible solutions Congress could adopt to improve these agencies' regulatory analysis. I present three options for improving prospective analysis by independent agencies: continuing to allow courts to encourage better analysis; subjecting independent agencies to the same White House review that currently applies to executive agencies; and amending the Unfunded Mandates Reform Act (UMRA) to impose a requirement for analysis but not White House review. The UMRA option would best balance the desire to improve prospective regulatory analysis at independent agencies with prevailing norms of autonomy that surround these agencies. In addition to improving prospective analysis, independent agencies should seek to produce more rigorous retrospective analysis of their existing regulations, both to improve the substantive performance of their existing regulations and to learn better what to expect when analyzing new regulations. I thus offer options for improving retrospective analysis by independent agencies, each of which could be adopted without undermining autonomy norms. Ultimately, to see independent regulatory agencies better fulfill their public missions, their leaders must make still smarter regulatory decisions -- and the first step toward smarter decisions is to improve regulatory analysis.
Author: Winston Harrington
Publisher: Earthscan
ISBN: 1933115750
Category : Political Science
Languages : en
Pages : 242
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Book Description
First Published in 2009. Routledge is an imprint of Taylor & Francis, an informa company.
Author: Jerry Ellig
Publisher:
ISBN:
Category :
Languages : en
Pages : 111
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Book Description
The Mercatus Center at George Mason University initiated its Regulatory Report Card project in 2009 to assess how well executive branch regulatory agencies conduct and use regulatory impact analysis and to identify ways to motivate improvement. Report Card evaluations reveal that agencies often adopt regulations that affect several hundred million Americans and impose hundreds of millions of dollars in costs without knowing whether a given regulation will really solve a significant problem, whether a more effective alternative solution exists, or whether a more targeted solution could achieve the same result at lower cost. Extensive statistical analysis of Report Card scores suggests that institutional reforms are the most promising means of improving the quality and use of regulatory impact analysis.
Author: Jerry Ellig
Publisher:
ISBN:
Category :
Languages : en
Pages : 7
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Book Description
Scholarly research demonstrates that Regulatory Impact Analysis often falls short of the standards articulated in executive orders and Office of Management and Budget guidance. More often than not, agencies do not appear to use the Regulatory Impact Analysis to inform major decisions. Regulatory Impact Analyses often seem to be advocacy documents written to justify decisions that were already made, rather than information that helped regulators figure out what to do. Further improvement in the quality and use of Regulatory Impact Analysis will likely occur only as a result of legislative reform of the regulatory process. To achieve improvement, all agencies should be required to conduct thorough and objective Regulatory Impact Analysis for major regulations and to explain how the results of the analysis informed their decisions.
Author: Reeve Bull
Publisher:
ISBN:
Category :
Languages : en
Pages : 148
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Book Description
Regulatory agencies often produce mediocre economic analysis to inform their decisions about major regulations. For this reason, Congress is considering proposals that would require regulatory agencies to conduct regulatory impact analysis and subject it to judicial review. For judicial review to work, judges must be able to verify agency compliance with quality standards even if they are not experts in the subject matter the agencies deal with. This article demonstrates that courts could effectively review the quality of agencies' regulatory impact analysis if they were given more concrete statutory guidance on what a regulatory impact analysis must include and the stringency with which a court will review that analysis. We propose a regulatory reform that would accomplish this goal: amend the Administrative Procedure Act to specify the main elements a regulatory impact analysis must include and clarify the standard of review by implementing a requirement that agencies use the best available evidence in their analysis.
Author: Jerry Ellig
Publisher:
ISBN:
Category :
Languages : en
Pages : 49
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Book Description
Numerous regulatory reform proposals would require federal agencies to conduct more thorough economic analysis of proposed regulations or expand the resources and influence of the Office of Information and Regulatory Affairs (OIRA), which currently reviews executive branch regulations. Such reforms are intended to improve the quality of economic analysis agencies produce when they issue major regulations. We employ newly-gathered data on variation in current administrative procedures to assess the likely effects of proposed regulatory process reforms on the quality of agencies' regulatory impact analyses (RIAs). Our results suggest that greater use of advance notices of proposed rulemakings for major regulations, advance consultation with regulated entities, use of advisory committees, and expansion of OIRA's resources and role would improve the quality of RIAs. They also suggest pre-proposal public meetings with stakeholders are associated with lower quality analysis.
Author: Jerry Ellig
Publisher:
ISBN:
Category :
Languages : en
Pages : 111
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Book Description
The Mercatus Center at George Mason University initiated its Regulatory Report Card project in 2009 to assess how well executive branch regulatory agencies conduct and use regulatory impact analysis and to identify ways to motivate improvement. Report Card evaluations reveal that agencies often adopt regulations that affect several hundred million Americans and impose hundreds of millions of dollars in costs without knowing whether a given regulation will really solve a significant problem, whether a more effective alternative solution exists, or whether a more targeted solution could achieve the same result at lower cost. Extensive statistical analysis of Report Card scores suggests that institutional reforms are the most promising means of improving the quality and use of regulatory impact analysis.
Author:
Publisher:
ISBN:
Category : Employee fringe benefits
Languages : en
Pages : 312
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