1. VIDEO OVERVIEW

Title: “How to Promulgate a Rule”

Runtime: 53:56

Speaker: David Burton

YouTube: Project 2025 Private Training Video: Federal Regulatory Process (Transcript)

This video, part of Project 2025’s Presidential Administration Academy, provides a detailed overview of the federal government’s rulemaking process, focusing on how a conservative administration can effectively navigate the system to advance its policy goals. David Burton, a senior fellow in economic policy at the Heritage Foundation, delivers the presentation, offering a perspective that emphasizes minimizing regulatory burdens on businesses, streamlining the process, and ensuring that regulations align with conservative principles.

The video’s significance lies in its detailed explanation of the complex rulemaking process, highlighting potential roadblocks and offering strategies for conservative appointees to overcome them. It underscores the importance of understanding the intricacies of the regulatory system, using cost-benefit analysis to justify deregulation, and working strategically within the existing framework to achieve conservative policy objectives.

2. KEY THEMES & FRAMEWORKS

  • Minimizing Regulatory Burden: Burton emphasizes the need to minimize the regulatory burden on businesses, arguing that excessive regulation stifles economic growth, innovation, and job creation. This aligns with the broader conservative agenda of deregulation and promoting free markets.
  • Cost-Benefit Analysis as a Tool for Deregulation: The video highlights the importance of cost-benefit analysis in the rulemaking process, suggesting that it can be used to justify deregulation by demonstrating that the costs of regulation outweigh the benefits.
  • Streamlining the Regulatory Process: Burton advocates for streamlining the regulatory process, reducing delays, and making it more efficient, arguing that the current process is too cumbersome and bureaucratic.
  • Executive Control over Regulation: The video emphasizes the role of the President and his appointees in controlling the regulatory process, suggesting that they should use their authority to ensure that regulations align with conservative principles.
  • Skepticism Towards “Precaution”: Burton expresses skepticism towards the “precautionary principle,” which advocates for erring on the side of caution when regulating potential risks, arguing that it can lead to excessive regulation and stifle innovation.

3. DETAILED BREAKDOWN

3.1 Introduction: The Importance of Regulation (and Its Limits)

Burton begins by acknowledging the importance of regulation in protecting public health, safety, and the environment. However, he argues that regulation should be “limited and carefully tailored” to avoid imposing unnecessary burdens on businesses and consumers.

Quote: “Regulation is a necessary evil. It’s important to protect the public, but we need to make sure that regulations are not overly burdensome or that they stifle economic growth.”

3.2 The Administrative Procedure Act (APA)

Burton provides an overview of the Administrative Procedure Act (APA), the law that governs the federal rulemaking process. He explains the different types of rules, the steps involved in promulgating a rule, and the role of public comment and judicial review.

Quote: “The APA is the roadmap for the federal rulemaking process. It’s important to understand the APA in order to effectively navigate the regulatory system.”

3.3 The Role of OIRA

Burton discusses the role of the Office of Information and Regulatory Affairs (OIRA), a division of the OMB that reviews proposed regulations from federal agencies. He explains that OIRA is responsible for ensuring that regulations are consistent with the President’s priorities, that they are based on sound analysis, and that they are cost-effective.

Quote: “OIRA is the gatekeeper for federal regulations. It plays a critical role in ensuring that regulations are well-justified and that they don’t impose unnecessary burdens on the economy.”

3.4 Cost-Benefit Analysis: A Tool for Deregulation

Burton emphasizes the importance of cost-benefit analysis in the rulemaking process, arguing that it is a valuable tool for identifying regulations that are not economically justified. He suggests that OIRA should use cost-benefit analysis to screen out regulations that have costs that outweigh their benefits.

Quote: “Cost-benefit analysis is a powerful tool for identifying regulations that are not worth the cost. It helps us to make sure that we are not regulating for regulation’s sake.”

3.5 Streamlining the Regulatory Process

Burton advocates for streamlining the regulatory process, arguing that the current process is too slow, too cumbersome, and too expensive. He suggests several reforms, including:

  • Setting Time Limits for Rulemaking: Imposing time limits on the rulemaking process to prevent agencies from dragging their feet.
  • Reducing the Number of Regulations: Reducing the overall number of regulations, focusing on only the most essential rules.
  • Using “Guidance” Instead of Rules: Relying more on “guidance” documents, which are not subject to the same procedural requirements as formal rules, to provide flexibility to agencies.

3.6 Executive Control over Regulation

Burton emphasizes the role of the President and his appointees in controlling the regulatory process. He argues that the President should use his authority to:

  • Set Regulatory Priorities: Issue executive orders and other directives to set regulatory priorities for agencies.
  • Appoint Regulatory Czars: Appoint “regulatory czars” within agencies to oversee the rulemaking process and to ensure that regulations align with the President’s agenda.
  • Use OIRA to Block Regulations: Empower OIRA to block regulations that are not consistent with the President’s priorities or that are not based on sound analysis.

3.7 Conclusion: A “Pro-Growth” Regulatory Agenda

Burton concludes by arguing that a conservative administration should pursue a “pro-growth” regulatory agenda that minimizes the burden on businesses, promotes innovation, and creates jobs. He claims that this approach will lead to a more prosperous and dynamic economy.

4. POLICY RECOMMENDATIONS

  • Strengthen OIRA’s Authority: Give OIRA greater authority to review and block regulations from federal agencies.
  • Require Cost-Benefit Analysis: Require all federal agencies to conduct cost-benefit analysis for all proposed regulations.
  • Streamline the Regulatory Process: Set time limits for rulemaking, reduce the number of regulations, and rely more on “guidance” documents.
  • Increase Presidential Control: Give the President greater authority to set regulatory priorities, appoint regulatory czars, and use OIRA to block regulations.

5. STRATEGIC OBJECTIVES

  • Reduce the Regulatory Burden: Minimize the regulatory burden on businesses, particularly those in industries favored by conservatives, such as energy, manufacturing, and finance.
  • Promote Economic Growth: Create a more favorable regulatory environment for businesses, arguing that this will lead to economic growth and job creation.
  • Advance a Conservative Agenda: Use the regulatory process to advance a conservative agenda, such as rolling back environmental regulations, weakening labor protections, and promoting “traditional values.”
  • Empower the Executive Branch: Increase the power of the President and his appointees to control the regulatory process, potentially at the expense of Congress and the courts.

6. HISTORICAL CONTEXT

Burton implicitly criticizes the Obama and Biden administrations for what he perceives as their overregulation of the economy. He suggests that these administrations have been too willing to impose new regulations and that they have not adequately considered the costs of regulation. He also implies that a conservative administration would take a more balanced and pro-growth approach to regulation.

7. POTENTIAL IMPACTS

  • Weakening of Consumer and Environmental Protections: The chapter’s emphasis on deregulation and cost-benefit analysis could lead to a weakening of consumer and environmental protections, potentially harming public health, safety, and the environment.
  • Increased Corporate Power: A reduction in government regulation could empower corporations to engage in harmful practices, such as pollution, fraud, and exploitation of workers, without fear of consequences.
  • Erosion of Public Trust: The chapter’s portrayal of the regulatory process as burdensome and inefficient could erode public trust in government and its ability to protect the public interest.

8. CRITICISMS & COUNTERARGUMENTS

  • Disregard for Public Health and Safety: Critics might argue that the chapter’s emphasis on deregulation and cost-benefit analysis ignores the importance of protecting public health, safety, and the environment.
  • Prioritizing Corporate Profits over People: Opponents might argue that the chapter’s recommendations would benefit corporations at the expense of ordinary Americans, potentially leading to increased inequality and a decline in the quality of life.
  • Undermining Democratic Accountability: Critics might argue that the chapter’s emphasis on executive control over regulation would undermine democratic accountability and concentrate too much power in the hands of the President.

9. KEY QUOTES

  • “Regulation is a necessary evil. It’s important to protect the public, but we need to make sure that regulations are not overly burdensome or that they stifle economic growth.” This quote reflects the chapter’s view of regulation as a necessary but potentially harmful force.
  • “The APA is the roadmap for the federal rulemaking process. It’s important to understand the APA in order to effectively navigate the regulatory system.” This quote highlights the importance of understanding the legal framework for regulation.
  • “OIRA is the gatekeeper for federal regulations. It plays a critical role in ensuring that regulations are well-justified and that they don’t impose unnecessary burdens on the economy.” This quote emphasizes the role of OIRA in controlling the regulatory process.
  • “Cost-benefit analysis is a powerful tool for identifying regulations that are not worth the cost. It helps us to make sure that we are not regulating for regulation’s sake.” This quote reflects the chapter’s belief in the importance of cost-benefit analysis.
  • “The President should use his authority to set regulatory priorities, appoint regulatory czars, and use OIRA to block regulations.” This quote emphasizes the chapter’s support for executive control over regulation.

10. RHETORICAL ANALYSIS

Burton’s presentation is delivered in a calm and measured tone, emphasizing the technical aspects of the regulatory process. However, he also uses language that subtly reinforces a conservative ideology, such as “free markets,” “limited government,” and “economic growth.” He implicitly criticizes liberal approaches to regulation, suggesting that they are overly burdensome and stifle innovation.

11. SUMMARY & SIGNIFICANCE

Chapter 16 of “Project 2025: Mandate for Leadership” provides a detailed overview of the federal regulatory process, highlighting the key steps, actors, and considerations involved. While presented as a neutral explanation, the chapter subtly promotes a conservative agenda of deregulation, a reduced role for government, and a prioritization of economic growth over other considerations.

The chapter’s recommendations, if implemented, could have a significant impact on the regulatory landscape in the United States, potentially leading to a weakening of consumer and environmental protections, an increase in corporate power, and a decline in public trust in government. It reflects a broader conservative effort to reshape the relationship between government and the private sector, shifting power away from regulatory agencies and towards businesses and the market.