Regulatory Review

This memorandum directs the OMB Director to produce within 100 days recommendations for a new Executive Order on federal regulatory review, updating EO 12866's framework. It calls for suggestions on OIRA-agency relations, transparency, public participation, cost-benefit analysis, distributional fairness, reducing regulatory delay, behavioral sciences, and regulatory tools.

Federal Register Open PDF 74 FR 5977

Impact dates

May 10, 2009
OMB Director recommendations for new Executive Order on federal regulatory review

Key directives

OMB Director to produce recommendations for new EO on federal regulatory review within 100 days
Recommendations must address: OIRA-agency relations, disclosure/transparency, public participation, cost-benefit analysis role, distributional considerations/fairness/future generations, preventing undue delay, behavioral sciences role, best regulatory tools

Who is ordered

Director of OMB · Office of Management and Budget

Timeline

Immediate

OMB Director tasked with consultation and recommendation development

Near term (90d)

Recommendations for new EO on regulatory review due by approximately May 10, 2009

Long term

Potential issuance of new Executive Order replacing/updating EO 12866
Possible restructuring of OIRA review process and regulatory policy framework

Risks & tensions

Potential delay in regulatory actions during review period
Tension between centralized OIRA control and agency expertise
Cost-benefit analysis requirements may conflict with distributional fairness goals
Behavioral sciences incorporation represents novel but undefined approach