Modernizing Regulatory Review

Overview

The Presidential Memorandum of January 20, 2021 (Modernizing Regulatory Review) directs the Office of Management and Budget (OMB) to improve and modernize regulatory review. As stated in the Memorandum, this includes modernizing the regulatory review process, enhancing public participation, and improving regulatory analysis. With respect to the regulatory review process, the Memorandum directs OMB to “promote the efficiency, transparency, and inclusiveness of” the process. With respect to public participation, the Memorandum directs OMB to ensure that regulatory efforts are “informed by public engagement with relevant stakeholders.” And with respect to regulatory analysis, the Memorandum directs OMB to ensure that such analysis “promotes policies that reflect new developments in scientific and economic understanding,” “fully accounts for regulatory benefits that are difficult or impossible to quantify,” and takes “into account the distributional consequences of regulations” in order “to ensure that regulatory initiatives appropriately benefit and do not inappropriately burden disadvantaged, vulnerable, or marginalized communities.” More information about OIRA’s efforts to fulfill these directives is located below.

• Modernizing Regulatory Review Presidential Memorandum
• Strengthening Our Regulatory System –  Administrator Revesz

Executive Order: Modernizing Regulatory Review

The regulatory review process is governed by Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as affirmed and expanded upon by Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review). The Executive Order of April 6, 2023 (Modernizing Regulatory Review) takes new steps to enhance the effectiveness of regulatory review, improve public participation in the regulatory process, and increase the transparency and inclusiveness of OIRA’s engagement with the public.

• Modernizing Regulatory Review Executive Order
• Memorandum on Implementation of Modernizing Regulatory Review Executive Order
  • Memorandum on Broadening Public Participation and Community Engagement in the Regulatory Process
• Final Guidance Implementing Section 2(e) of Modernizing Regulatory Review Executive Order
  • E.O. 12866 Meetings: Explanation and Response to Public Input
  • Overview of Meetings on a Regulatory Action under Review with the Office of Information and Regulatory Affairs (E.O. 12866 meetings)
    • VIDEO: E.O. 12866 Meeting Request How-To-Guide
    • TRANSCRIPT: E.O. 12866 Meeting Request How-To-Guide
    • VIDEO: Reuniones E.O. 12866: Una guía – Administrador Revesz
    • TRANSCRIPCIÓN: Reuniones E.O. 12866: Una guía
• Draft Guidance Implementing Section 2(e) of Modernizing Regulatory Review Executive Order (OIRA solicited public comment on this draft guidance from April 7, 2023 through June 6, 2023)
  • Public Listening Session on 12866 Meetings, Implementing Section 2(e) of Modernizing Regulatory Review Executive Order, May 4^th 1:30-5 PM ET

Regulatory Analysis

Regulatory analysis is a critical input that helps to ensure that regulatory policies are crafted to improve people’s lives. OIRA is working to provide agencies with additional tools to make their analysis even stronger by reflecting new developments in scientific and economic understanding, more robustly accounting for regulatory effects that are difficult or impossible to quantify, and helping agencies take the distributional consequences of regulations into account when selecting among potential regulatory alternatives. OIRA has revised Circular A-4. The “OMB Circular No. A-4: Explanation and Response to Public Input” document below provides more detail regarding these revisions. OIRA has also released draft guidance on assessing changes in environmental and ecosystem services in benefit-cost analyses performed pursuant to Circulars A-4 and A-94 and will be accepting public comment on this draft guidance. In addition, OIRA has published guidance to help agencies better account for competition effects when developing and analyzing regulations. And OIRA is co-leading an initiative to advance the frontiers of benefit-cost analysis by identifying areas where additional research, including by non-governmental actors, could meaningfully advance agency capacity to quantify or monetize costs and benefits.

• Circular A-4
  • Circular A-4, “Regulatory Analysis”
  • Appendix for OMB Circular No. A-4
  • OMB Circular No. A-4: Explanation and Response to Public Input
  • FACT SHEET: OMB Finalizes Guidance to Improve Regulatory Analysis
  • Documents related to the proposed revisions to Circular A-4
    • Proposed Circular A-4 (OIRA solicited public comment on the draft guidance from April 7, 2023 through June 20, 2023, as extended)
    • Preamble: Proposed Circular A-4
• Guidance on Accounting for Competition Effects When Developing and Analyzing Regulatory Actions
  • Promoting Competitive Markets Through Regulatory Design – Administrator Revesz
• Proposed Guidance for Assessing Changes in Environmental and Ecosystem Services in Benefit-Cost Analysis (OIRA solicited public comment on the draft guidance from August 2, 2023 through September 15, 2023)
• Subcommittee on the Frontiers of Benefit-Cost Analysis

• Ecosystem Services
  • Guidance for Assessing Changes in Environmental and Ecosystem Services in Benefit-Cost Analysis
  • Appendix for OMB Ecosystem Services Guidance
  • OMB Ecosystem Services Guidance: Explanation and Response to Public Input
  • Accounting for Ecosystem Services in Benefit-Cost Analysis – Administrator Revesz and OSTP Director Prabhakar

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