Improving Regulation and Regulatory Review

This executive order directs federal agencies to improve the regulatory process by requiring cost-benefit analysis, public participation through online comment periods, coordination to reduce redundant rules, flexible regulatory approaches, scientific integrity, and retrospective review of existing regulations. It supplements Executive Order 12866 (1993) and mandates each agency submit a plan within 120 days for periodically reviewing existing significant regulations.

Federal Register Open PDF 76 FR 3821

Impact dates

May 18, 2011
Agencies submit preliminary retrospective review plans to OIRA

Key directives

Agencies must propose regulations only upon reasoned determination that benefits justify costs
Tailor regulations to impose least burden on society
Select regulatory approaches that maximize net benefits
Specify performance objectives rather than compliance behavior where feasible
Consider alternatives to direct regulation including economic incentives and information provision
Provide public meaningful opportunity to comment via Internet with comment periods generally at least 60 days
Provide timely online access to rulemaking dockets on regulations.gov in open, searchable, downloadable format
Seek views of affected parties before issuing notice of proposed rulemaking
Promote coordination, simplification, and harmonization across agencies
Identify regulatory approaches that reduce burdens and maintain flexibility and freedom of choice
Ensure objectivity of scientific and technological information used for regulatory actions
Periodically review existing significant regulations for modification, streamlining, expansion, or repeal

Who is ordered

Timeline

Immediate

EO takes effect upon signing; agencies must begin applying general principles to new regulatory actions
Agencies must ensure scientific integrity in regulatory actions

Near term (90d)

Agencies must submit preliminary retrospective review plans to OIRA by May 18, 2011 (120 days from signing)

Long term

Ongoing periodic retrospective review of existing significant regulations
Continuous application of public participation requirements including 60-day comment periods and online docket access

Risks & tensions

Vague qualifiers ('to the extent feasible,' 'where appropriate,' 'consistent with law') create substantial wiggle room and limit enforceability
Potential tension between cost-benefit requirements and equity/distributive impacts that are difficult to quantify
Retrospective review plans are 'preliminary' and 'consistent with...resources,' suggesting weak accountability
EO explicitly disclaims creating any enforceable rights, limiting judicial recourse
May slow regulatory action due to analytical burdens; deregulatory tilt possible depending on OIRA interpretation