COMMITTEE ON LEGAL AFFAIRS (JURI) PUBLIC HEARING ON: “REGULATORY COHERENCE AND THE IMPLEMENTATION OF EU LAW IN THE CONTEXT OF THE TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP”

TUESDAY, 11 FEBRUARY 2014 ALTIERO SPINELLI BUILDING, BRUSSELS 09:00 – 10:30 ROOM ASP 3G3

PRESENTATION BY JOSEPH T. BURKE TRADE AND REGULATORY AFFAIRS OFFICER U.S. MISSION TO THE EUROPEAN UNION

U.S. Rulemaking Process

Legislative Branch Executive Branch Judicial Branch

1. Congress passes law authorizing/req uiring regulation.

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v 5. Public 3. If 4. Agency 6. Agency 7. If 2. Agency drafts reviews “significant,” publishes notice reviews public “significant,” 8. Agency and clears NPRM/docket 9. Rule takes OMB reviews of proposed comments and OMB reviews publishes final internally a and submits effect. and clears draft rulemaking develops/clears and clears draft rule. proposed rule. comments to proposed rule. (NPRM) draft final rule. final rule. agency.

www.RegInfo.gov www.FederalRegister.gov www.FederalRegister.gov www.Regulations.gov www.Regulations.gov www.Regulations.gov Unified Agenda & Regulatory Plans www.RegInfo.gov www.Regulations.gov www.RegInfo.gov

Congress Rule reviews final challenged in rule. Rule takes court.

effect Court Disapproval “vacates” all resolution or part of passed. rule.

2 Public Notice and Input Opportunities (US Executive Branch Regulatory Development) Final Pre –Rule and Subsequent Prior action Idea Stage Proposed Rule Executive Internal impact Analysis action Action

United States: PUBLIC NOTICE AND PARTICIPATION

Agencies draft final rule text Agencies draft and impact

proposed rule text Comments

and assess impact Comments including through Advance Regulatory Impact The final rule is an out- Final Rule: Notice of Analyses (RIA) Notice of Proposed growth of the public Agencies Proposed Rulemaking –proposed rule, regulatory docket provide Rulemaking explanation, and invitation of which includes: explanations (ANPRM, public comment • ANPRM/NPRM and the Regulatory • Normally Includes: Supporting materials rationale for optional) Plans • Regulatory Impact • accepting/not (1x per year) Preamble (narrative of Assessments (RIA) accepting agencies’ rulemaking efforts • Public comments • Rationale for proposed comments, Unified OIRA inter- • Underlying studies approach, including a • Stakeholder meeting including on the Regulatory agency review Laws of Congress of draft summary of the factual or record RIA Agenda scientific basis for rule. • Related Notices, if any authorizing significant (2x per year) • Draft rule text and, regulatory proposed rule Possibility of actions • RIA if economically & RIA significant, and/or other judicial and applicable analyses. congressional Official meetings open to public and OIRA inter- review published in Federal Register (e.g. agency review FACA). These meetings can also of draft occur after the proposed rule is significant published. final rule & RIA

Stakeholder Stakeholder meeting requested w/ Agency Stakeholder meeting w/ requested meeting Various stakeholder outreach efforts OIRA w/ OIRA References

. Legislative Information from Congress: http://thomas.loc.gov/home/thomas.php

. Administrative Procedure Act (APA): http://www.archives.gov/federal- register/laws/administrative-procedure/

. Executive Order 12866: http://www.whitehouse.gov/OMB/inforeg/eo12866.pdf

. Executive Order 13563: http://www.whitehouse.gov/sites/default/files/omb/inforeg/eo12866/eo13563_011 82011.pdf

. Office of Information and Regulatory Affairs: http://www.whitehouse.gov/omb/inforeg_default

. Regulatory Review Dashboard: http://www.reginfo.gov/public/jsp/EO/eoDashboard.jsp

. Comments on Proposed Regulations: http://www.regulations.gov/#!home

. Federal Register: https://www.federalregister.gov/ 4