OMB has new procedures for agencies to follow in making significant guidance documents transparent.
Category Archives: Regulatory Procedures
Executive Order 13422 and OMB’s Bulletin on Good Guidance Practices will lead to major changes in the way federal agencies issue guidance.
We thought we’d finished discussing Executive order 13422, President Bush’s recent amendment to the Clinton-era Executive order on centralized regulatory review.
On Tuesday, February 13, a pair of House subcommittees will hold a hearing to criticize the Executive order.
- Press accounts concerning the changes President Bush has made to White House regulatory review procedures show that reactions have been largely partisan, and thus predictable and uninformative. We posted a three-part series analyzing the text of Executive order 13422 found here, here, and here.
One important question has not arisen in these press accounts, but should have. Historically, it has been the vice president who has been given the authority to decide matters of regulatory controversy within the Executive branch. But the veep isn’t mentioned in Executive order 13422. Where did he go?
Today we provide our third and last expected installment on Executive order 13422. In Part 1 we discussed the expansion of centralized regulatory review to guidance. We explained why the OMB staff historically has been hamstrung by this exclusion, and why regulatory agencies often prefer to issue guidance to circumvent both OMB review and the Administrative Procedure Act.
In Part 2, we addressed claims made by opponents of OMB oversight that the text on market failure represented a change in OMB’s review criteria. We showed that the content of the new text wasn’t itself new because market failure has been an explicit part of the review criteria since 1981.
In today’s Part 3, we address the third new provision: the regulatory planning provisions in sections 4 and 6.
On April 25 OMB issued guidance to agencies concerning the implementation of Executive Order 13422.