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1 Retrospective Review of Agency Rules 1 (2014)

handle is hein.usfed/retsprva0001 and id is 1 raw text is: ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Administrative Conference Recommendation 2014-5 Retrospective Review of Agency Rules Adopted December 4, 2014 Executive Summary The following recommendation is intended to provide a framework for cultivating a culture of retrospective review within regulatory agencies. It urges agencies to remain mindful of their existing body of regulations and the ever-present possibility that those regulations may need to be modified, strengthened, or eliminated in order to achieve statutory goals while minimizing regulatory burdens. It encourages agencies to make a plan for reassessing existing regulations and to design new regulations in a way that will make later retrospective review easier and more effective. It recognizes that input from stakeholders is a valuable resource that can facilitate and improve retrospective review. Finally, it urges agency officials to coordinate with other agencies and the Office of Management and Budget to promote coherence in shared regulatory space. Preamble Traditionally, federal regulatory policymaking has been a forward-looking enterprise: Congress delegates power to administrative agencies to respond to new challenges, and agencies devise rules designed to address those challenges. Over time, however, regulations may become outdated, and the cumulative burden of decades of regulations issued by numerous federal agencies can both complicate agencies' enforcement efforts and impose a substantial burden on regulated entities. As a consequence, Presidents since Jimmy Carter have periodically undertaken a program of retrospective review, urging agencies to reassess regulations currently on the books and eliminate, modify, or strengthen those regulations that 1

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