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

March 25, 2021
                                                                                                                                                                     ALR   JBCA

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.

How agencies should implement the regulatory ‘bill of rights’

The Hill

Last week, President Trump’s regulatory czar Paul Ray, head of the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA), issued a “best practices” memo instructing executive departments and agencies how to implement the regulatory bill of rights issued a few months ago. This builds on President Trump’s May 19 executive order laying out 10 “principles of fairness in administrative enforcement and adjudication” to ensure that Americans have basic due process protections should they find themselves in the crosshairs of the regulatory state.

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CRE Study of the Three Controlling Disciplines of the Administrative State

CRE has completed a study of the contributions of the three disciplines that have traditionally studied the management of the Administrative State:

(1) :Law

(2)  Economics

(3)  Political Science.

  • A detailed reading of the study suggests that the legal profession focuses on judicial review; the economic profession on benefit-cost analysis and the political science profession on the expost analyses of actions taken within the administrative state but none focuses on the management of the administrative state. By management we mean how disparate information from a number of disciplines is melded into a coherent mechanism which governs the substance of allowable actions to be taken in the daily operation of the administrative state.