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1 Regulatory Analysis Requirements 1 (2012)

handle is hein.usfed/rganlrq0001 and id is 1 raw text is: ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Administrative Conference Recommendation 2012-1 Regulatory Analysis Requirements Adopted June 14,2012 Over the past several decades, the United States Congress and various Presidents have imposed numerous regulatory analysis requirements on administrative agencies in connection with their rulemaking activities. Some of these requirements are relatively sweeping measures designed to ensure that agencies' regulations advance legitimate goals, such as Executive Order (EO) 12,866's requirement that executive agencies analyze the benefits and costs of proposed regulations.' Other requirements are more specific mandates that agencies take into account certain factors when drafting regulations, including the proposed rules' effects on small businesses,2 intergovernmental relations,3 constitutionally protected property rights,4 or the well-being of families.s Some of the regulatory analysis requirements created by statute and executive orders have similar elements. For instance, the Regulatory Flexibility Act (RFA), Paperwork Reduction Act (PRA), Unfunded Mandates Reform Act (UMRA), and EO 12,866 all require agencies to discuss the need for a proposed regulatory action, assess the costs and benefits of the proposal, I See generally Exec. Order No. 12,866, 58 Fed. Reg. 51,735 (Oct. 4, 1993). Independent regulatory agencies, as defined in the Paperwork Reduction Act, 44 U.S.C. § 3502(5), are not subject to that requirement. 2 See Regulatory Flexibility Act, 5 U.S.C. § 603-04 (requiring agencies to do initial and final regulatory flexibility analyses, describing the impact of the rule on small entities). See generally Exec. Order No. 13,132, 64 Fed. Reg. 43,255 (Aug. 10, 1999). 4 See generally Exec. Order No. 12,630, 53 Fed. Reg. 8859 (Mar. 15, 1988). s See generally Pub. L. No. 105-277, § 654, 112 Stat. 2681, 2681-528-30 (1998). 1

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