Reinventing the Regulatory State

Abstract

This Article has emphasized three principal points. The first involves regulatory institutions. The second involves regulatory ends. The third involves regulatory means. We have suggested that an institution in OMB to oversee and coordinate regulatory policy is, at least potentially, highly salutary. Staffed by appropriate employees, such an entity could help coordinate solutions to similar problems that arise across different agencies. Moreover, by introducing a more comprehensive perspective on risk regulation, such a body could encourage sensible priority setting. Executive Order 12866 takes coordination a step further than the Reagan-Bush approaches. It does so, most importantly, by attempting to promote early intrabranch discussion of regulatory proposals and to ensure more continuous consultation about regulatory goals. This reform is part of a conspicuous effort to reduce agency-OIRA antagonism by encouraging cooperation at all stages of rule making. The Order also takes the important step of including the independent agencies, if only in a modest, procedurally oriented way.