Administrative Initiatives to Advance Retrospective Analysis
This paper outlines five possible approaches that a new administration could take to advance retrospective analysis.
Abstract
Over the past 40 years, regulatory agencies have prepared regulatory impact analyses (RIAs) for their proposed and final major regulations. This prospective practice is fully embedded in agency rulemaking processes. However, robust retrospective analyses of existing rules are rarely performed, despite the documented benefits. Retrospective analyses provide information about what really happened under a rule—information that can be used to revise the rule and to improve future rules and RIAs. In recent years, legislation has been introduced in the Senate with limited bipartisan support requiring agencies to carry out retrospective analysis for major new rules. However, these efforts have not gained traction, and it seems unlikely that Congress will take up such legislation in the near future. This paper outlines executive actions that a new administration could take to advance retrospective analysis. The proposals include developing guidance for conducting rigorous retrospective analysis, establishing a challenge program for such analysis, and several approaches initiating specific retrospective projects at selected regulatory agencies.
