dChan - Q Origins Project Archive

>>19818011

He talks about EO 12866, that Trump will use “How to Take Down the DS”

Executive Order 12866

Executive Order 12866 in the United States requires benefit-cost analysis for any new regulation that is "economically significant," which is defined as having "an annual effect on the economy of $100 million or more or adversely affect[ing] in a material way the economy, a sector of the economy, productivity, competition, [or] jobs," or creating an inconsistency with other law, or any of several other conditions.[1] The Order established a "regulatory philosophy" and several "principles for regulation," among them requirements to explicitly identify the problem to be addressed,[2] determine whether existing regulations created or contributed to the problem,[3] assess alternatives to direct regulation,[4] and design regulations in the most cost-effective manner.[5] § 1(a) summarizes this regulatory philosophy as follows:

Federal agencies should promulgate only such regulations as are required by law, are necessary to interpret the law, or are made necessary by compelling public need, such as material failures of private markets to protect or improve the health and safety of the public, the environment, or the well-being of the American people.

Agencies were directed to fulfill these requirements though economic analysis,[6] most notably the preparation of Regulatory Impact Analyses (RIAs).[7] Regulations within this definition are colloquially termed "economically significant."

Executive Order 12866

Though the term "effect" is crucial for determining the likelihood that a rule is economically significant, the term was not internally defined. Rather, all interpretative determinations critical to implementation were delegated to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB).[8]

Procedure

Executive Order 12866 provides for a centralized review conducted on behalf of the President by OIRA(the same agency directed by Congress to implement the Paperwork Reduction Act). This alignment of Executive and statutory functions enhances the efficiency of Executive office oversight because virtually every rule contains information collection requirements.

Under Executive Order 12866, the procedure for determining whether a draft rule is significant(and thus subject to OIRA review) or economically significant (and thus subject to the requirement to prepare a Regulatory Impact Analysis), begins with agencies preparing entries to the semi-annual Unified Regulatory Agenda,[9] which OIRA reviews before publication in the Federal Register, along with each agency’s Regulatory Plan.[10] Agencies are required to engage in prior consultation with both private and public stakeholders before drafting notices of proposed rulemaking, and ensuring that they have at least 60 days for public comment.[11]

Agencies are required to provide to OIRA comprehensive lists of planned regulatory actions, including agencies’ provisional determinations of whether each action is significant.[12] Drafts of significant regulatory actions must be transmitted to OIRA for review, along with assessments of their potential costs and benefits.[13] For economically significant regulatory actions, agencies also must provide OIRA with a Regulatory Impact Analysis.[14] After OIRA review is completed and each draft proposed or final rule is published in the Federal Register, agencies are required to make all analyses public and “[i]dentify for the public, in a complete, clear, and simple manner, the substantive changes between the draft submitted to OIRA for review and the action subsequently announced; and … those changes in the regulatory action that were made at the suggestion or recommendation of OIRA."[15]

OIRA may return a draft rule to an agency "for further consideration of some or all of its provisions," accompanying any return with "a written explanation … setting forth the pertinent provision of [Executive Order 12866] on which OIRA is relying."[16]

The reach of Executive Order 12286 was extended in 2011 to require agencies to conduct retrospective reviews of existing regulations.[17]

Executive Order 12866 concludes with a statement “This Executive order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at lawor equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.”OMB does block or require further changes to a handful of rules every year.

https://en.m.wikipedia.org/wiki/Executive_Order_12866