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®: CRE Regulatory Action of the Week

ABA Supports Centralized Regulatory Review
In their comments to OMB on a potential new Executive Order on Federal Regulatory Review, the American Bar Association's Section of Administrative Law and Regulatory Practice reiterated their long-standing support for "centralized oversight of rulemaking as an essential element of effective government functioning."

OMB was also informed that the "ABA and our Section have long supported the use of cost-benefit analysis for developing and reviewing regulation" since sound "economic analysis has been and should continue to be an essential part of the rulemaking process." The comments also support funding for the Administrative Conference of the United States (ACUS)." ACUS, "when revitalized, can offer...substantial help and support in analyzing and identifying appropriate reforms for improving rulemaking oversight and rulemaking procedures."

Support for extending "Executive oversight to independent agencies" was also a key element of the Section's recommendations. The comments cite a 1990 ABA recommendation that "presidential review should apply generally to all federal rulemaking, including that by independent regulatory agencies" and an accompanying resolution explaining that "the President has a substantial argument that his need to supervise most regulation of the traditional independent agencies is no less than for the executive agencies."

  • Click here to read ABA Section of Administrative Law and Regulatory Practice comments.