Recommendation 2013-2: Benefit-Cost Analysis at Independent Regulatory Agencies
Benefit-Cost Analysis at Independent Regulatory Agencies
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Committee:
Project Stages:
1. Gather ideas - Completed2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:
8. Implementation
Contacts
Consultant
Curtis W. Copeland
Background Information: Though independent regulatory agencies are not subject to the benefit-cost analysis requirements of Executive Orders 12866 and 13563, several such agencies undertake benefit-cost analysis in connection with their regulatory activities. For instance, the Federal Communications Commission and the Securities and Exchange Commission regularly conduct benefit-cost analysis in their rulemakings. In addition, in Executive Order 13579, the Obama Administration has asked independent regulatory agencies to engage in retrospective review of existing regulations in accordance with the principles of Executive Order 13563, a process that presumably entails analysis of the costs and benefits of these existing rules. Finally, several recent cases have concerned the adequacy of benefit-cost analyses conducted in connection with independent regulatory agency rulemakings. See, e.g., Bus. Roundtable v. Sec. & Exch. Comm’n, 647 F.3d 1144 (D.C. Cir. 2011). This project examined the use of benefit-cost analysis at independent regulatory agencies and highlighted certain innovative practices those agencies have developed.
Featured Documents
Final Recommendation
- Recommendation number: 2013-2
- Adopted on: June 13, 2013
- Committees: Regulation
- Tags: Cost Benefit Analysis
Implementation
At its Plenary Session on June 13-14, 2013, the Administrative Conference adopted Recommendation 2013-2, regarding the use of benefit-cost analysis by independent regulatory agencies. The recommendation highlights innovative practices relating to the preparation and publication of economic analyses adopted by certain independent regulatory agencies as well as certain principles drawn from Circular A-4 and urges independent regulatory agencies to consider adopting such innovations, as appropriate. It also offers a set of recommendations to Congress in the event that it determines to expand or endorse the expansion of economic analysis requirements applicable to independent regulatory agencies.
Project Documents
Committee Meetings & Events
March 4, 2013 Committee Meeting(Committee on Regulation)
March 4, 2013 - 1:00 pm EST
Location name:
Administrative Conference of the United States
April 2, 2013 Committee Meeting(Committee on Regulation)
April 2, 2013 - 1:00 pm EDT
Location name:
Administrative Conference of the United States
April 29, 2013 Committee Meeting(Committee on Regulation)
April 29, 2013 - 1:00 pm EDT
Location name:
Administrative Conference of the United States
58th Plenary Session
June 13, 2013 - 2:00 pm EDT
June 14, 2013 - 9:00 am EDT
Location name:
Commodity Futures Trading Commission
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