INDEPENDENT REGULATORY COMMISSIONS RULEMAKING AND COST-BENEFIT ANALYSIS ISSUES ; INDEPENDENT REGULATORY COMMISSIONS RULEMAKING AND COST-BENEFIT ANALYSIS ISSUES ; CONTENTS ; PREFACE ; Chapter 1 PRESIDENTIAL REVIEW OF INDEPENDENT REGULATORY COMMISSION RULEMAKING: LEGAL ISSUES ; SUMMARY ; INTRODUCTION ; OVERVIEW OF FEDERAL RULEMAKING ; EXECUTIVE CONTROL OF AGENCY RULEMAKING ; What Are Independent Regulatory Commissions? ; "For cause" Removal and Structural Design ; OMB Bypass (Legislative/ Rules/ Budget) ; Executive Order 12866
Authority to Subject Agency Rulemakings to Centralized Review INDEPENDENT REGULATORY COMMISSIONS AND OIRA REVIEW ; President's Authority for Extending OIRA Review to the IRCs ; RECOURSE FOR IRC NONCOMPLIANCE ; President's Recourse ; Does "for cause" Removal Protection Apply to Members of the IRCs if the Statute Is Silent? ; Does Noncompliance with an Executive Order Give Rise to "for cause" Removal? ; Judicial Recourse ; Executive Order 12866 Restricts Judicial Review ; Judicial Recourse for Noncompliance with Statute ; CONCLUSION ; End Notes
Chapter 2 INDEPENDENT REGULATORY AGENCIES, COST-BENEFIT ANALYSIS, AND PRESIDENTIAL REVIEW OF REGULATIONS SUMMARY ; INTRODUCTION ; EXECUTIVE ORDER 12866 AND THE IRCS ; COST-BENEFIT ANALYSIS REQUIREMENTS UNDER EXECUTIVE ORDER 12866 ; OMB Circular A-4 ; Executive Orders 13563 and 13579 ; COST-BENEFIT ANALYSIS BY THE IRCS: CURRENT REQUIREMENTS AND PRACTICES ; Cross-Cutting Analytical Requirements ; Agency-Specific Analytical Requirements ; ANALYSIS OF POSSIBLE EXTENSION OF CBA REQUIREMENTS TO IRCS ; Potential Effects of Extending CBA Requirements to IRCs
The Debate Over Cost-Benefit Analysis OIRA REVIEW OF REGULATIONS UNDER EXECUTIVE ORDER 12866 ; Analysis of Possible Extension of OIRA Review to IRCs ; ADDITIONAL ANALYSIS OF S. 3468 ; End Notes ; Chapter 3 THE FEDERAL RULEMAKING PROCESS: AN OVERVIEW ; SUMMARY ; INTRODUCTION ; STATUTORY RULEMAKING REQUIREMENTS ; Federal Register Act ; Administrative Procedure Act ; Exceptions to the APA Notice Requirement ; National Environmental Policy Act ; Paperwork Reduction Act ; Regulatory Flexibility Act ; Small Business Regulatory Enforcement Fairness Act ; Congressional Review Act
Unfunded Mandates Reform Act Information Quality Act ; Peer Review ; Other Statutory Provisions Related to Rulemaking ; Federal Advisory Committee Act ; Trade Agreements Act ; Negotiated Rulemaking Act ; National Technology Transfer and Advancement Act ; Regulatory Right-to-Know Act ; Government Paperwork Elimination Act ; E-Government Act ; Small Business Paperwork Relief Act ; EXECUTIVE ORDERS AND DIRECTIVES ; Executive Order 12866 ; Executive Order 13422 ; Executive Order 13563 ; Other Executive Orders and Directives ; CONCLUSION ; FOR ADDITIONAL INFORMATION ; End Notes; INDEX
