Parsing the Proposals for Modernizing Regulatory Review

President Biden’s Executive Order 14094 “Modernizing Regulatory Review” introduces significant changes in how the Office of Information and Regulatory Affairs (OIRA) defines the economic significance of rules and approaches its public engagement. Explore the changes and potential impacts in our series below.



On May 9, 2023, the Regulatory Studies Center and the Society for Benefit-Cost Analysis hosted panel discussions exploring the administration's proposals for Modernizing Regulatory Review. The morning panel featured administrators of the Office of Information and Regulatory Affairs (OIRA) from the Biden, Trump, Obama, Bush and Clinton administrations sharing perspectives and opportunities for making the regulatory review process more transparent, inclusive, and valuable to policy design. The afternoon panel brought experts in regulatory impact analysis at the federal level who explored in more depth the draft changes to Circular A-4.

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Peer Review

Peer Reviewer Comments on Proposed OMB Circular No. A-4, “Regulatory Analysis” (Full PDF document)

Individual Peer Reviewer Comments by Joseph Cordes


Public Interest Comments

Open Letter to the OIRA Administrator On Circular A-4, by 15 former presidents and editors of the Society for Benefit-Cost Analysis (SBCA), August 28, 2023

Using Distributional Weights in Circular A-4 Would Encourage Wasteful Rent-Seeking, Brian Mannix, June 20, 2023

The Discounting Dilemma, Brian Mannix, June 20, 2023

Simpler, More Transparent Analysis Will Make Circular A-4 More Valuable to the Regulatory Process, Christopher Carrigan and Stuart Shapiro, June 19, 2023

OMB Draft Circular A4: Safeguarding Objective and Evidence-Based Principles for Regulatory Impact Analysis, Susan Dudley, June 14, 2023

On Draft Circular A4, Behavioral Biases, and Discount Rates, J. Howard Beales III, June 5, 2023

Distributional Weights Should Be Dropped from the Draft Circular A-4, Mary Sullivan, May 31, 2023



New Goals, Old Tools: Broadening Public Participation in the Regulatory Process in the Biden Administration. Steve Balla and Sarah Hay.
November 28, 2023

Comparing the Draft and Final Circular A-4. Mark Febrizio, Sarah Hay, and Zhoudan (Zoey) Xie.
November 10, 2023

Promoting Best Practices for US Regulatory Analysis, Joseph Cordes, Susan Dudley, Donald S. Kenkel et al. The Regulatory Review.
October 12, 2023

Recent Antitrust and Regulatory Changes Both Unravel the Consensus. Susan Dudley and Mary Sullivan for Truth On the Market.
September 18, 2023

Maintaining the Durability of Regulatory Analysis. Susan Dudley interviewed by The Regulatory Review on the 20th anniversary of the original OMB Circular A-4, Regulatory Analysis.
September 17, 2023

Biden’s OMB Politicizes Cost-Benefit Analysis. Susan Dudley and W. Kip Viscusi for the Wall Street Journal
August 28, 2023

This Other Fed Keeps Lowering the Interest Rate. By Susan Dudley for
August 8, 2023

OIRA's New Guidance on Public Engagement, Sarah Hay.
August 1, 2023

Care to Comment? Topics Discussed in Revised Circular A4 Public Comments. By Zhoudan (Zoey) Xie, Sarah Hay & Henry Hirsch
July 12, 2023

OMB Guidance Needs More Humility. By Susan Dudley for
July 11, 2023

Weighing Regulatory Tradeoffs – And Keeping Thumbs Off The Scales! By Susan Dudley for
June 30, 2023

Circular A-4: A Comparison between the 2023 Draft and the 2003 Circular. By Sarah Hay and Zhoudan (Zoey) Xie
June 16, 2023

Adding Engagement Upstream by Bridget Dooling considers the measures proposed in the Modernizing Regulatory Review actions designed to increase proactive outreach for the rulemaking process. Published in the Yale JREG Notice & Comment symposium.
June 2, 2023

In her post, Circular Reasoning?, Susan Dudley evaluates the OMB Draft Circular A-4 for the Yale JREG Notice & Comment symposium
May 25, 2023

Susan Dudley's analysis for Forbes digs deeper into definitional terms: Regulatory Review Revisited
April 13, 2023

Susan Dudley shares an initial take in Modernizing Regulatory Review Actions
April 7, 2023

Bridget Dooling introduces the EO and major themes for the Yale JREG Notice & Comment blog: White House Moves to Modernize Regulatory Review
April 6, 2023



December 4, 2023: New Goals, Old Tools: Broadening Public Participation in the Regulatory Process in the Biden Administration, Steve Balla and Sarah Hay.

August 15, 2023: Discounting to Achieve Policy Preferences, Susan Dudley.

August 2, 2023: Overview of OIRA's Guidance on Public Engagement for Federal Agencies, Sarah Hay.

June 20, 2023: Safeguarding Objective and Evidence-Based Principles for Regulatory Impact Analysis. Susan Dudley discusses the Draft Circular A-4 and its durability.

June 12, 2023: Challenges With Distributional Weighting in the Draft Circular A-4. Mary Sullivan explains how weighting lessens transparency and creates trade-offs in economic efficiency of regulations.

April 26, 2023: What’s In the EO on Modernizing Regulatory Review? Mark Febrizio and Bridget Dooling unpack the highlights and discuss next steps in the proposal.


Additional Resources