Selective Relief from Regulations or Mandates


Contributed by: National Performance Review
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1. Give cabinet secretaries and agency heads the flexibility to
authorize selective relief from regulations or mandates. (3)

Legislation should be enacted to allow federal management flexibility
over domestic service delivery policies.[Endnote 4] The Government
Performance and Results Act addresses this issue in part by encouraging
"management and flexibility waivers."  However, greater latitude is
needed. The execution of domestic public policy requires that managers
have the freedom to manage, to weigh the issues involved when program
requirements are in conflict, and to make operational decisions to best
realize policy objectives in the dynamic world of implementation.
Legislation to authorize greater executive discretion toward these ends
will markedly enhance the ability of administrators to achieve desired
national policy outcomes, because they will be able to significantly
improve the efficiency of the intergovernmental service delivery
systems.

It should be noted that special federal concern has been expressed about
the extension of waivers to entitlement programs.[Endnote 5] These
concerns should be given serious consideration.

Endnotes

4. In administering funds appropriated to an agency for domestic service
delivery purposes, the agency head would be granted authority to waive
any provision of a statute or regulation that she or he administers in
connection with the obligation by the agency head or any use by the
recipient of the funds (except for requirements relating to fair housing
and nondiscrimination, the environment, and labor standards), upon
finding that such a waiver would demonstrably enhance the accomplishment
of national objectives, or demonstrably improve the efficiency of
service delivery.

5. Comments on the draft report received from federal agencies.

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