BETTER REGULATION: OMB ADMINISTRATOR GRAHAM

UNCLAS SECTION 01 OF 02 ROME 005568 SIPDIS E.O. 12958: N/A TAGS: EFIN ECON PREL ETRD ECON PREL ETRD IT EUN ITEFIN EUN SUBJECT: BETTER REGULATION: OMB ADMINISTRATOR GRAHAM PROMPTS LIVELY DEBATE REF: SECSTATE 178272 UNCLASSIFIED PAGE 02 ROME 05568 01 OF 02 151704Z ¶1. SUMMARY. REACTION TO OMB ADMINISTRATOR JOHN GRAHAM'S MESSAGE ON REGULATORY REFORM IN THE U.S. AND EUROPE RANGED FROM A LIVELY GIVE-AND-TAKE AMONG SENIOR GOI OFFICIALS, INCLUDING A NOTED EU PARLIAMENTARIAN, TO POLITE CURIOSITY AMONG BUSINESS LEADERS. WHILE BOTH AUDIENCES ACKNOWLEDGED THE UTILITY OF DOING STUDIES ON THE IMPACT OF PROPOSED REGULATIONS, THERE WAS NO CONSENSUS WHETHER THE EUROPEAN COMMISSION SHOULD MAKE SUCH STUDIES MANDATORY BEFORE ISSUING REGULATIONS. GOI OFFICIALS REPRESENT A POTENTIAL BASE OF SUPPORT FOR THE USG AS WE MAKE OUR CASE BEFORE THE COMMISSION ON THE EU'S PLANNED REGULATORY REFORM. GETTING ITALIAN BUSINESSES ENGAGED IN THE ISSUE WILL BE A MORE DIFFICULT TASK. END SUMMARY. ¶2. OMB ADMINISTRATOR JOHN GRAHAM CAME TO ROME ON NOVEMBER 13 AS PART OF A PUBLIC-AFFAIRS SPONSORED PROGRAM, WHICH INCLUDED STOPS IN BERLIN, COPENHAGEN, BRUSSELS AND PARIS. THE EMBASSY HOSTED A ROUNDTABLE WITH NOTABLE ITALIAN GOVERNMENT OFFICIALS, INCLUDING: GIUSEPPE GARGANI, EU PARLIAMENTARIAN AND CHAIR OF THE EU PARLIAMENTARY COMMITTEE ON LEGAL AFFAIRS AND THE INTERNAL MARKET; ALESSANDRO PALANZA, VICE SECRETARY GENERAL, CHAMBER OF DEPUTIES; MADDALENA FILIPPI, JUDICIAL ADVISOR TO THE MINISTER OF PUBLIC ADMINISTRATION AND A MEMBER OF THE OECD WORKING GROUP ON REGULATORY REFORM; STEFANO RODOTA, PRESIDENT, ITALIAN DATA PRIVACY COMMISSION AND CHAIR OF THE EU WORKING GROUP ON DATA PRIVACY; AND CLAUDIO TUCCIARELLI, DIRECTOR GENERAL, REFORMS MINISTRY AND ADVISOR TO THE PRIME MINISTER OF REGULATORY REFORM. AN AFTERNOON SESSION WAS HOSTED BY CONFINDUSTRIA, ITALY'S LARGEST EMPLOYERS ASSOCIATION, WITH INVITED MEMBERS OF THE ITALIAN UNCLASSIFIED PAGE 03 ROME 05568 01 OF 02 151704Z BUSINESS COMMUNITY. ¶3. DURING THE EMBASSY'S ROUNDTABLE, QUESTIONS FOR GRAHAM FOCUSED ON SEVERAL KEY ASPECTS: WHAT TYPE OF COST-BENEFIT ANALYSIS IS DONE? WHAT IS THE BALANCE OF EXPERTISE IN OMB AMONG ECONOMISTS, TECHNICAL SPECIALISTS, SOCIAL POLICY EXPERTS? WHAT IS THE METHODOLOGY USED? WHAT IS OMB'S (GRAHAM'S OFFICE) RELATIONSHIP WITH STATE AND LOCAL LEGISLATORS, AUTHORITIES AND REGULATORS? WHAT GUIDELINES ARE USED TO DETERMINE WHEN A REGULATION IS NEEDED? WHAT IS OMB'S RELATIONSHIP WITH INDEPENDENT REGULATORY AGENCIES, SUCH AS THE SEC AND THE FEDERAL RESERVE BANK? WHAT ARE THE PRIVACY CONSIDERATIONS? WHAT REVIEW, IF ANY, DOES OMB CONDUCT OF LEGISLATION PASSED BY CONGRESS THAT IN EFFECT, ARE REGULATORY IN NATURE? GRAHAM HIGHLIGHTED MANY ASPECTS OF U.S. POLICIES AND PROCEDURES: COST BENEFIT ANALYSES INCLUDE QUANTITATIVE ECONOMIC MEASUREMENTS AS WELL AS CONSIDERATION OF FAIRNESS AND EQUITY ISSUES; HIS 50-PERSON STAFF REPRESENTS ALL THE SOCIAL SCIENCES; GUIDELINES/METHODOLOGY ARE ON OMB'S WEBPAGE. HE NOTED THAT OMB HAS NO REGULATORY OVERSIGHT OVER THE SEC AND THE FED, AND CAN ONLY PROVIDE ADVISORY OPINIONS ON DRAFT LEGISLATION. ¶4. OMB'S POLICY TO CONDUCT REGULATORY IMPACT STUDIES OF THE MOST IMPORTANT DRAFT REGULATIONS GENERATED THE GREATEST INTEREST. PALANZA OF THE CHAMBER OF DEPUTIES AND JUDICIAL ADVISOR FILIPPI SEEMED TO ACKNOWLEDGED THE DESIRABILITY, IF NOT NECESSITY, OF DOING SUCH STUDIES BEFORE REGULATIONS WERE ISSUED. PALANZA ACKNOWLEDGED THE UTILITY OF THE OECD'S WORKING GROUP ON REGULATIONS AND REGULATORY REFORM, AND QUESTIONED WHETHER THE EU COULD ADOPT SIMILAR PROCESSES. UNCLASSIFIED PAGE 04 ROME 05568 01 OF 02 151704Z FILIPPI ALSO EXPRESSED INTEREST IN EX-POST-FACTO REVIEW OF REGULATIONS ONCE IMPLEMENTED. ¶5. THE EU'S PLAN FOR REGULATORY REFORM ALSO PROMPTED A GIVE-AND-TAKE DISCUSSION. GRAHAM RAISED THE QUESTIONS ABOUT WHOM IN THE COMMISSION WILL BE RESPONSIBLE FOR QUALITY CONTROL AND PEER REVIEW. IN RESPONSE, GARGANI NOTED THAT EUROPE HAS NO STANDARD FOR REGULATORY IMPACT STUDIES; THERE'S NO UNIVERSAL TRADITION OF DOING SO. HE EXPRESSED THAT AMONG HIS COMMITTEE MEMBERS, THERE'S SOME SKEPTICISM THAT SUCH STUDIES SHOULD BE DONE; HE SEEMED TO HEDGE HIS PERSONAL OPINION. HE QUESTIONED HOW THE U.S. DEFINES EFFICIENCY AND FAIRNESS IN ITS COST-BENEFIT ANALYSES, WHICH GRAHAM HAD UNDERSCORED ARE PART OF THE U.S. REVIEW ALONG WITH A PURE QUANTITATIVE IMPACT ANALYSIS. GARGANI ALSO NOTED, SUBTLETY, THAT COSTS AND EFFICIENCY ARE NOT ALWAYS THE DECIDING FACTORS BEHIND REGULATIONS, PARTICULARLY IN CASES OF LEGISLATION PASSED BY PARLIAMENTS THAT IN EFFECT, CREATE REGULATIONS. ACKNOWLEDGING THIS IS SOMETIMES THE CASE IN THE UNITED STATES, GRAHAM ARGUED, HOWEVER, THIS IS NOT A REASON TO IGNORE REGULATORY IMPACT ANALYSES. ¶6. DESPITE THE DIFFERENCES IN OPINIONS AMONG THE ROUNDTABLE PARTICIPANTS, ALL WERE EAGER TO READ THE OFFICIAL U.S. COMMENTS ON THE COMMISSION'S REGULATORY REFORM ACTION PLAN. THEY EXPRESSED APPRECIATION OF ACTIVE U.S. ENGAGEMENT IN THIS ISSUE. UNCLASSIFIED UNCLASSIFIED PTO3787 PAGE 01 ROME 05568 02 OF 02 151704Z ACTION EUR-00 INFO LOG-00 NP-00 AGRE-00 AID-00 CEA-01 CIAE-00 COME-00 CTME-00 DODE-00 ITCE-00 DOTE-00 SRPP-00 DS-00 EAP-00 EB-00 EXME-00 E-00 FAAE-00 UTED-00 VC-00 FRB-00 H-01 TEDE-00 INR-00 ITC-01 L-00 VCE-00 AC-01 NSAE-00 NSCE-00 OES-00 OMB-01 DHS-00 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SCT-00 SP-00 SSO-00 SS-00 STR-00 TEST-00 TRSE-00 T-00 USIE-00 FMP-00 EPAE-00 PMB-00 DSCC-00 PRM-00 DRL-02 G-00 NFAT-00 SAS-00 /008W -------------- 09387A 151725Z /38 R 151548Z NOV 02 FM AMEMBASSY ROME TO SECSTATE WASHDC 6934 INFO EU MEMBER STATES COLLECTIVE AMCONSUL FLORENCE AMCONSUL MILAN AMCONSUL NAPLES USEU BRUSSELS 2957 UNCLAS SECTION 02 OF 02 ROME 005568 SIPDIS E.O. 12958: N/A TAGS: EFIN ECON PREL ETRD ECON PREL ETRD IT EUN ITEFIN EUN SUBJECT: BETTER REGULATION: OMB ADMINISTRATOR GRAHAM PROMPTS LIVELY DEBATE UNCLASSIFIED PAGE 02 ROME 05568 02 OF 02 151704Z ¶7. IN CONTRAST TO THE LIVELY DEBATE OF THE ROUNDTABLE, THE SESSION HOSTED BY CONFINDUSTRIA DEMONSTRATED ITALIAN BUSINESSES' MINIMAL ENGAGEMENT IN THE ISSUE OF REGULATORY REFORM. WITH THE EXCEPTION OF THE REPRESENTATIVE FROM THE ITALIAN CHEMICAL MANUFACTURERS ASSOCIATION, THE PARTICIPANTS LISTENED TO GRAHAM WITH POLITE ATTENTION. IN CONTRAST, THE CHEMICAL MANUFACTURING REPRESENTATIVE SPOKE PASSIONATELY AND INTELLIGENTLY ABOUT THE RISK OF DISENGAGEMENT, USING THE COMMISSION'S WHITE PAPER ON CHEMICAL PRODUCTS AS AN EXAMPLE. GRAHAM ALSO NOTED THE FLAWS IN THIS WHITE PAPER, AND QUESTIONED HOW THE COMMISSION COULD IMPOSE THE SAME TOXICITY TESTS FOR CHEMICALS THAT COULD PRESENT WIDESPREAD EXPOSURE RISK AND THOSE WITH MINIMAL EXPOSURE RISKS. THE CHEMICAL MANUFACTURERS' REPRESENTATIVE UNDERSCORED THE DESIRABILITY OF HAVING INPUT FROM THIRD PARTIES, INCLUDING THE UNITED STATES, ON REGULATORY REFORM ISSUES. IN RESPONSE TO GRAHAM'S INQUIRY ABOUT HOW ITALIAN BUSINESSES LOBBY ON ISSUES IN BRUSSELS, PANELISTS ACKNOWLEDGE THE DIFFICULTY IN BEING EFFECTIVE AND IN BEING "LISTENED TO", THEY REMARKED. ¶8. COMMENT: POST BELIEVES ADMINISTRATOR GRAHAM'S VISIT COULD HELP GENERATE A MORE IN-DEPTH EXCHANGE WITH GOI OFFICIALS, ESPECIALLY THOSE WHO HAVE HANDS-ON INVOLVEMENT WITH REGULATORY REFORM, ON THE COMMISSION'S PLANS. WE APPRECIATE WASHINGTON AND USEU'S SUPPORT FOR THIS VISIT. SKODON UNCLASSIFIED > 2002ROME05568 - Classification: UNCLASSIFIED