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18 Admin. L. News 1 (1992-1993)

handle is hein.journals/admreln18 and id is 1 raw text is: ADMINISTRATIVE LAW NEWS Fall 1992 LAV:V NEVol. 18, No.1 Bill Clinton and Administrative Law George Bush, first as Vice President and Chair of President Reagan's Regulatory Reform Task Force, and later as President himself, has played an important role in the development of administrative law and regulatory practice over the past twelve years. A new President might wish to make various changes, or he might accept much of what has changed in administrative law i the past decade. The Administrative Law News compiled a list of questions to be submitted to the Clinton and Perot campaigns regarding administrative law and regulatory practice. Those questions and Governor Clinton's responses follow. Q: President Reagan issued and President Bush continued Executive Order 12,291, which imposes certain requirements on executive agencies engaged in rulemaking. In particular, it requires agencies to submit proposed and final rules to the Office of Management and Budget for review before they can be published; it requires agencies to make regulatory impact analyses for any rule having more than $100 million impact; and it requires agencies to adopt the regulatory alternative that has the least net cost to society. Would you continue E.O. 12,291 or change it, and if you would change it, how would you change it? A: Executive Order 12,291 built upon President Carter's regulatory reform executive order, and the concept underlying these orders, including executive oversight and coordination of agency rulemaking and the desirability of conducting regulatory analyses, has received bipartisan support as well as the endorse- ment of the ABA. This concept, however, has been perverted by the Reagan-Bush administrations, which have created a secret review process, biased against any regulation, particularly ones to protect the health and safety of ordinary people. Accord- ingly, the Clinton administration would retain those features of these executive orders that further ra- tional and coordinated decisionmaking, but we would modify them to make the process open and to give In TI appropriate weight to en- F vironmental, health, and alm Me tivts. safety issues, as well as SComitte eng Supreme Court News .. economic issues. News from the States .. Recent Articles of Intere Q: The Office of Infor- 1992-93 Section Direct mation and Regulatory Affairs in OMB, which administers E.O. 12291, and now the Council on Competitiveness, headed by the Vice President, have been criticized by some as se- cretive and subversive of the regulatory process, by providing a back-door means by which those op- posed to regulation can have political influence on regulations and delay substantially the promulga- tion of regulations. Others have viewed those review groups as necessary checks on agencies that have enabled the President to see that the laws are faith- fully executed. What is your view about such review groups? What sort of a group, if any, would you use to oversee the regulatory activities of the bureaucracy; or what al- ternative mechanism would you use to coordinate and exercise policy review of the bureaucracy? How would you avoid the appearance that the purpose of these groups was to politicize the regulatory process? A: The Council on Competitiveness currently acts as a back-door entrance for special interests who want to circumvent environmental, worker safety, and consumer protection rules. Its refusal to dis- close-either to Congress or to the public at large- which regulations it interferes with, whom it meets or hears from (and what their interests in those reg- ulations are), or the basis of its decisions is inappro- priate. Although Governor Clinton is not opposed to the idea of a body similar ; Issue to the Council whose . function is to track and coordinate regulations, to .4 compile competitive state- .6 ments and to conduct .................... 8 similar activities, he is op- .Pull-out posed to such a body (continued on page 9) Copyright © 1992 American Bar Association hi Ist. lory Produced by the ABA Press

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