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.

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.

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.

Stay Connected

Sign Up

We'll be in touch with the latest information on how President Biden and his administration are working for the American people, as well as ways you can get involved and help our country build back better.

Opt in to send and receive text messages from President Biden.

Scroll to Top Scroll to Top