Regulatory Process, Regulatory Reform, and the Quality of Regulatory Impact Analysis

Numerous regulatory reform proposals would require federal agencies to conduct more thorough analysis of proposed regulations or expand the resources and influence of the Office of Information and Regulatory Affairs (OIRA), which currently reviews executive branch regulations. We employ data on variation in current administrative procedures to assess the likely effects of proposed regulatory process reforms on the quality and use of regulatory impact analysis (RIA). Many specific types of activity by agencies and OIRA are correlated with higher-quality analysis and greater use of analysis in decisions, and the effects are relatively large. Our results suggest that greater use of Advance Notices of Proposed Rulemakings for major regulations, formal hearings for important rules, articulation of retrospective review plans at the time regulations are issued, and expansion of OIRA’s resources and role may improve the quality and use of RIAs.