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Despite Presidential Orders, Agencies not Reviewing Old Regulations

Written by FEDmanager on .

President Obama has issued several executive orders during his tenure encouraging federal regulatory agencies to conduct retrospective reviews of their regulations.

According to a working paper published last week by the Regulatory Studies Center at George Washington University, such ex post reviews are infrequently planned or conducted by agencies.

Analysts reviewed significant proposed regulations posted by agencies in 2014 to assess whether agencies included a discussion of retrospective reviews in their proposals. The center also submitted comments on the rulemaking record making suggestions on how the agency could best incorporate plans for retrospective review at the time of the rule’s issuance.

The analysts found that while agencies included prospective evaluation of their regulations, such as cost-benefit analysis, that rulemaking often did not include methodology for measuring the effectiveness of the regulation once issued. Out of 22 regulations examined, not one included a plan for ex post review.

The paper offered three recommendations to strengthen retrospective reviews, and therefore, ultimately the measureable effectiveness of regulations:

Access the full working paper, authored by Senior Policy Analyst Sofie E. Miller: “Learning from Experience: Retrospective Review of Regulations in 2014.”

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Tags: FAA