Coalition Comments to OMB RE: Request for Comments on Guidance Implementing Section 2(e) of the Executive Order of April 6, 2023
The undersigned organizations (“the Business Community”) offer these comments in response to Office of Management and Budget’s (“OMB”) April 7, 2023, “Request for Comments on Guidance Implementing Section 2(e) of the Executive Order of April 6, 2023.” The Business Community recommends to OMB that it withdraw the draft guidance and recommends to President Biden that he restore the original Executive Order 12866. The Office of Information and Regulatory Affairs’ (OIRA) open-door policy granting meetings to any party interested in a regulation under review has reinforced the rigor and legitimacy of centralized regulatory review. Stakeholders with first-hand knowledge and expertise can often identify trouble spots in regulatory proposals and thus help OIRA and the drafting agencies improve regulatory outcomes and durability. At least as important, OIRA’s open-door policy has helped rebut accusations that OIRA is “by far the least transparent step in the rulemaking process” and has been captured by ideologues. It is precisely because OIRA is open to all comers that it enjoys broad bipartisan support.