On February 26, 2009, the Office of Management and Budget (OMB) published a notice announcing that it is developing a set of recommendations to the President for a new Executive Order on Federal Regulatory Review. The recommendations are expected to address:

  • The relationship between the White House Office of Information and Regulatory Affairs and the agencies;
  • Disclosure and transparency;
  • Encouraging public participation in agency regulatory processes;
  • The role of cost-benefit analysis;
  • The role of distributional considerations, fairness, and concern for the interests of future generations;
  • Methods of ensuring that regulatory review does not produce undue delay;
  • The role of the behavioral sciences in formulating regulatory policy; and
  • The best tools for achieving public goals through the regulatory process.

OMB invites public comments on how to improve the process and principles governing regulatory review; comments will be accepted until March 16, 2009.