Executive branch review done through executive orders
The purpose is to “reform and make more efficient the regulatory process"
“Principles of Regulation”
These principles require agencies to consider many factors when devising a regulation, including the costs and benefits of the regulation; alternatives to the regulation; and the impact of the regulation on state, local, and tribal governments and officials.
Each agency designates a “Regulatory Policy Officer” (“RPO”).
The RPO reports to the head of the agency and must be involved “at each stage of the regulatory process to foster the development of effective, innovative, and least burdensome regulations and to further the principles [for regulation].”
The regulatory agenda is “an inventory of all regulations under development or review” by that agency.
The “regulatory plan” identifies “the most important significant regulatory actions” that the agency plans to take in the next year or so.
The regulatory agenda (with its regulatory plan) goes to the Office of Information and Regulatory Affairs (OIRA)
OIRA circulates it to other agencies and conducts its own review for conflicts
OIRA also has meetings with the agency and Vice President to coordinate agency action
OIRA Review of Significant Regulatory Actions
Significant regulatory actions are proposed regulations:
(1) that have a major effect on the economy; the environment; public health; state, local, or tribal governments; communities; or existing federal programs;
(2) that conflict with other agency actions; or
(3) that raise novel legal issues or policy issues.
OIRA considers whether the planned regulation:
complies with the applicable law, the President’s priorities, and the principles for regulation.
conflicts with the actions or planned actions of any other agency.
OIRA sends the written results of this review back to the agency and involves the president if it cannot resolve problems
OIRA reporting requirements, which can be waived
OIRA can make recommendations
If the agency rejects the recommendations, the president or vice-president are not involved
What is the problem with OIRA review of independent agencies?
Information (Data) Quality Act
The Act requires OMB to issue guidelines to agencies ‘‘for ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by federal agencies.’’
Agencies, including independent agencies, must implement these guidelines
Includes provision for individuals to challenge and correct information about themselves
Since this is statutory, not an EO, it is Congress modifying the status of independent agencies and poses no constitutional problem.
Judicial Review of Executive Review
E.O. 12866 states that it “does not create any right or benefit . . . enforceable at law or equity” against the government or its officials.
This prevents direct judicial review of alleged violations of E.O. 12866.
Line Item Veto - Clinton v. City of New York, 524 U.S. 417 (1998)
What is a line item veto?
Why was a line item veto unnecessary in the founders vision of the operation of federal budget?
How have things changed?
Why do presidents want them?
How might a line item veto cause a president problems?