Modernizing Regulatory Review

Impact dates

1. Date TBD

   Begin process for producing recommendations for improving and modernizing regulatory review

Key directives

• OMB Director to begin process to produce recommendations for improving and modernizing regulatory review
• Recommendations should address revisions to OMB Circular A-4 on regulatory analysis
• Recommendations should propose procedures accounting for distributional consequences of regulations on disadvantaged communities
• Recommendations should explore OIRA's proactive role in partnering with agencies on regulatory initiatives
• Recommendations should identify reforms to promote efficiency, transparency, and inclusiveness of interagency review process
• Recommendations should determine approach for review of guidance documents
• OMB Director authorized and directed to publish memorandum in Federal Register

Who is ordered

• Director of OMB · Office of Management and Budget

Timeline

Risks & tensions

• Vague timing ('as soon as practicable') creates uncertainty about when recommendations will be delivered
• Tension between promoting regulations and avoiding 'harmful anti-regulatory or deregulatory effects' may be politically contested
• Distributional analysis requirements could slow regulatory process or face legal challenges
• Revisions to Circular A-4 could significantly alter cost-benefit analysis practices across government