2. Develop a Deskbook on Regulatory Design. (1) The Chair of the Regulatory Coordinating Group (RCG) should oversee the development of a "Deskbook on Regulatory Design" for legislative and regulatory staffs, which should be completed in less than one year. The "Deskbook" would improve understanding of the full range of alternative approaches by providing both policymakers and staff with ready information about the range of regulatory approaches. It would also identify resource people within agencies who could assist others in development of innovative approaches. Project staff should work closely with congressional regulatory specialists in developing the Deskbook. The Deskbook should describe in detail the conditions under which each approach should be considered. Possible combinations of approaches should also be discussed. In this context, the Deskbook should highlight the strengths, weaknesses, and limitations of each approach. Market-oriented approaches, though they may be more economically efficient, can be difficult to design and are not appropriate in all circumstances.[Endnote 23] In drafting the "Deskbook", the RCG should consult on existing sources, such as the handbooks prepared by the Regulatory Council in the 1970s and the experience of Germany and other European countries.[Endnote 24] The Deskbook should also provide an in-depth survey of how innovative approaches have been used in both federal and state governments. Case studies should be used for each approach. Case studies should look at not only the design of the regulation, but also the effectiveness of implementation.[Endnote 25] Attention should also be paid to other innovative features, including tiering, or tailoring regulatory requirements to match circumstances of the regulated entities. Agencies may, for example, use cut-offs (e.g., number of employees) in applying certain regulatory requirements or may make appropriate provisions for small businesses (e.g., short forms for reporting requirements). The Deskbook should be designed in a format to accommodate new information, so that it can be regularly updated. In addition to printed versions, the Deskbook should be made available in electronic format to maximize its usefulness. An electronic format could be updated more frequently and could provide more extensive information, such as actual texts of regulations, as well as additional commentary on the development and monitoring of such regulations. Endnotes 23. The impact of market-oriented approaches is sometimes more difficult to predict. For example, nationwide trading systems for pollution can result in heavier pollution emissions in some locations than would have occurred under a command-and-control approach. For example, a nationwide marketable permit system generally would not be appropriate for solving a local pollution problem. 24. See note 22. Also for foreign experience see Organization for Economic Co-Operation and Development (OECD), Economic Instruments for Environmental Protection (Paris, 1989). 25. The effectiveness of traditional command-and- control regulation depends heavily on enforcement efforts. The Deskbook should examine effectiveness of regulation not only from the perspective of regulatory design, but also from the enforcement perspective. It should discuss innovative approaches to enforcement, including the use of private audits.
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