Modernizing Regulatory Review

Executive Order 14094 of April 6, 2023

Modernizing Regulatory Review

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to modernize the regulatory
process to advance policies that promote the public
interest and address national priorities, it is hereby
ordered as follows:

Section 1. Improving the Effectiveness of the
Regulatory Review Process. (a) This order supplements
and reaffirms the principles, structures, and
definitions governing contemporary regulatory review
established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive
Order 13563 of January 18, 2011 (Improving Regulation
and Regulatory Review). Any provisions of those orders
not amended in this order shall remain in effect. This
order also further implements the Presidential
Memorandum of January 20, 2021 (Modernizing Regulatory
Review).

    (b) Section 3(f) of Executive Order 12866 is hereby
amended to read as follows:
    “(f) “Significant regulatory action” means any
regulatory action that is likely to result in a rule
that may:

(1) have an annual effect on the economy of $200 million or more (adjusted
every 3 years by the Administrator of OIRA for changes in gross domestic
product); or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, territorial, or tribal governments or
communities;

(2) create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency;

(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients thereof;
or

(4) raise legal or policy issues for which centralized review would
meaningfully further the President's priorities or the principles set forth
in this Executive order, as specifically authorized in a timely manner by
the Administrator of OIRA in each case.”

Sec. 2. Affirmative Promotion of Inclusive Regulatory
Policy and Public Participation. (a) To the extent
practicable and consistent with applicable law,
regulatory actions should be informed by input from
interested or affected communities; State, local,
territorial, and Tribal officials and agencies;
interested or affected parties in the private sector
and other regulated entities; those with expertise in
relevant disciplines; and the public as a whole.
Opportunities for public participation shall be
designed to promote equitable and meaningful
participation by a range of interested or affected
parties, including underserved communities.

    (b) To inform the regulatory planning process,
executive departments and agencies (agencies) shall, to
the extent practicable and consistent with applicable
law:

(i) clarify opportunities for interested persons to petition for the
issuance, amendment, or repeal of a rule under 5 U.S.C. 553(e);

(ii) endeavor to respond to such petitions efficiently, in light of agency
judgments of available resources and priorities; and

(iii) maintain, subject to available resources, a log of such petitions
received, and share with the Administrator of the Office of Information

and Regulatory Affairs (OIRA), upon request, information on the status of
recently resolved and pending petitions.

    (c) To inform the development of regulatory agendas
and plans, agencies shall endeavor, as practicable and
appropriate, to proactively engage interested or
affected parties, including members of underserved
communities; consumers; workers and labor
organizations; program beneficiaries; businesses and
regulated entities; those with expertise in relevant
disciplines; and other parties that may be interested
or affected. These efforts shall incorporate, to the
extent consistent with applicable law, best practices
for information accessibility and engagement with
interested or affected parties, including, as
practicable and appropriate, community-based outreach;
outreach to organizations that work with interested or
affected parties; use of agency field offices; use of
alternative platforms and media for engaging the
public; and expansion of public capacity for engaging
in the rulemaking process.
    (d) The Administrator of OIRA, in consultation with
relevant agencies, as appropriate, shall consider
guidance or tools to modernize the notice-and-comment
process, including through technological changes. These
reforms may include guidance or tools to address mass
comments, computer-generated comments (such as those
generated through artificial intelligence), and falsely
attributed comments.
    (e) Section 6(b)(4) of Executive Order 12866
establishes a process for persons not employed by the
executive branch of the Federal Government to request
meetings with OIRA officials regarding the substance of
regulatory actions under OIRA review. Public trust in
the regulatory process depends on protecting regulatory
development from the risk or appearance of disparate
and undue influence, including in the OIRA review
process. In order to reduce this risk or appearance,
the Administrator of OIRA shall, to the extent
practicable and consistent with applicable law:

(i) Provide information to facilitate the initiation of meeting requests
regarding regulatory actions under OIRA review from potential participants
not employed by the executive branch of the Federal Government who have not
historically requested such meetings, including those from underserved
communities; and

(ii) Implement reforms to improve procedures and policies with respect to
OIRA's consideration of meeting requests initiated by persons not employed
by the executive branch of the Federal Government regarding the substance
of regulatory actions under OIRA review to further the efficiency and
effectiveness of such meetings. These reforms may include:

(A) efforts to ensure access for meeting requesters who have not
historically requested such meetings;

(B) discouraging meeting requests that are duplicative of earlier
meetings with OIRA regarding the same regulatory action by the same meeting
requesters;

(C) consolidation of meetings by requester, subject matter, or any other
consistently applied factors deemed appropriate to improve efficiency and
effectiveness; and

(D) disclosure of data in an open, machine-readable, and accessible
format that includes the dates and names of individuals involved in all
substantive meetings and the subject matter discussed during such meetings,
as required by section 6(b)(4)(C)(iii) of Executive Order 12866, so as to
better facilitate transparency and analysis.

Sec. 3. Improving Regulatory Analysis. (a) Regulatory
analysis should facilitate agency efforts to develop
regulations that serve the public interest, advance
statutory objectives, and are consistent with Executive
Order 12866, Executive Order 13563, and the
Presidential Memorandum of January 20, 2021
(Modernizing Regulatory Review). Regulatory analysis,
as practicable and appropriate, shall recognize
distributive impacts and equity, to the extent
permitted by law.

    (b) Within 1 year of the date of this order, the
Director of the Office of Management and Budget,
through the Administrator of OIRA and in consultation
with the Chair of the Council of Economic Advisers and
representatives of relevant agencies, shall issue
revisions to the Office of Management and Budget's
Circular A-4 of September 17, 2003 (Regulatory
Analysis), in order to implement the policy set forth
in subsection (a) of this section.

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    April 6, 2023.