An Obama administration memorandum issued Jan. 18 requires agencies to make their regulatory process more transparent.

Among the new guiding principles for drafting regulations, is a requirement for agencies to clearly and publically outline the process. That means transparently revealing alternative regulatory approaches, setting specific performance objectives for regulation, and listing available alternatives to direct regulation, such as incentives.

Agencies should also promote public comments and "the open exchange of information and perspectives" among key stakeholders and the public. The new order tells agencies to "use disclosure as a regulatory tool," explained a senior administration official during a Jan. 18 press call. The White House, despite revealing regulations calling for greater transparency, asked reporters not to print the identities of the officials participating in the call.

A new executive order, also released Jan. 18, instructs agencies to improve disclosure of regulatory compliance information, so as to foster "fair and consistent enforcement of important regulatory obligations." Agencies are required to make compliance information public, accessible, downloadable and searchable, said Office of Management and Budget Director Jack Lew in a blog post.

"Americans will be able to see, for their own eyes, which companies are obeying the law. This will help consumers make more informed decisions; foster fair and consistent enforcement; level the regulatory playing field; and hold government accountable for its obligations to the public," added Lew.

Gary D. Bass, executive director of the independent watchdog OMB Watch, commended the administration for it's emphasis on transparency, saying "it will likely lead to greater regulatory accountability."

The administration also released another memorandum which calls for regulations that improve American competitiveness, promote job growth and avoid placing excessive compliance burdens on business. These require immediate action on the part of executive agencies.

By May 18 each agency must submit a preliminary plan for the periodic review of existing significant regulations to the Office of Information and Regulatory Affairs. One notable suggestion from the guidance: Agencies should allow more electronic filing options to alleviate the regulatory burden on business. 

For more:
- read the executive order
- read the memoranda here and here
- see the White House regulatory strategy fact sheet
- see the OMB blog post from Jack Lew  
- see the statement from OMB Watch

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