NEWS AND UPDATES
General Services Administration Seeks Vision for Modernizing Regulations Management
On December 17, 2020, the U.S. General Services Administration’s Office of Regulations Management issued a Request for Information (RFI) seeking input on ways to modernize the federal government’s systems and processes for managing rules, comments, and other regulatory materials.
The Office of Regulation Management runs two of the government’s crucial regulatory management systems: eRulemaking, which manages rulemaking dockets and public comment processes, and ROCIS, which helps agencies submit proposed new rules and amendments to the White House’s Office of Information and Regulatory Affairs (OIRA) for review.
The Office of Regulations Management is seeking to modernize the systems it runs - but also to build a longer-term plan to transform the drafting, modification, comparison, review, and codification of regulations so that the process is more efficient and transparent, both for federal professionals and for all the stakeholders of government regulation.
Xcential responded to the Office of Regulations Management’s RFI by laying out a vision for Data First regulations management. In this response, Xcential described:
How the government must move from a documents-based approach to regulation to a Data First approach, in which each provision, citation, and artefact of a regulation is expressed electronically
How a Data First approach will allow regulatory content to flow automatically from drafting to review to modification and through to codification
How open data standards like the U.S. Legislative Markup (USLM) can allow modern tools to draft and modify regulatory materials more efficiently
How SaaS-based workflows, like those being built by Esper for the Centers for Medicare and Medicaid and several state governments, can use standardized regulatory materials to save time and money for regulatory professionals
How a Data First approach can support automated regulatory compliance by the private sector in the future
President Biden on Day 1: Modernize Regulatory Review!
On January 20, 2021, President Biden directed the White House Office of Management and Budget (OMB) to “produce a set of recommendations for improving and modernizing regulatory review.” The President specifically requested that OMB identify ways for its Office of Information and Regulatory Affairs (OIRA) to play a more proactive role in working with regulatory agencies and ways to promote the “efficiency, transparency, and inclusiveness of the interagency review process.”
The President’s stated goals require the federal government to reimagine both the interagency review process and the entire regulations management process, which includes and surrounds interagency review. Today, regulations management is based on documents. To deliver efficiency, transparency, and inclusiveness, regulations management in the future will instead be based on Data First.
Xcential looks forward to working with the federal government to pursue these goals.