Chapter 3 - The Process for Making Policy Decisions: Rulemaking

Chapter 3, Note 6 after Executive Order 12,866

At page 171, add the following at the end of the existing Note 6.

A new Obama Executive Order on Improving Regulation and Regulatory Review. Soon after his inauguration, President Obama promised to issue a new Executive Order on regulatory review, the subject of E.O. 12,866. Two years later, President Obama issued E.O. 13,563, which kept E.O. 12,866 and the existing structure of regulatory review in place, while directing agencies to emphasize accuracy (with an emphasis on “scientific integrity”), public participation, flexibility, and minimizing regulatory burdens. He specifically directed all agencies, within 120 days of the order, to develop plans to review existing regulations “so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives.”

On the same day, President Obama issued two related memoranda. The first, on Regulatory Compliance, seeks to make agencies accountable to the public for their compliance and enforcement activities by assuring that “public information concerning their regulatory compliance and enforcement activities accessible, downloadable, and searchable online.” This is an example of the Obama Administration’s emphasis on disclosure as regulatory tool.

The other memorandum, on Regulatory Flexibility, Small Business, and Job Creation, directs that when agencies initiate rulemaking they “give serious consideration to . . . reduc[ing] regulatory burdens on small business, through increased flexibility.” Increased flexibility could be achieved through extending compliance dates, performance standards rather than design standards, simplification of reporting and compliance, and varying requirements based upon firm size.

In addition to the links provided above, these documents are available at http://www.whitehouse.gov/omb/inforeg_default.

How do E.O. 13,563 and these memoranda affect the work of the agencies to which they apply? What do you expect will be impact of these directives?