Modernizing Regulatory Review
- Executive Order Number
- 14094
- President
- Joseph R. Biden Jr.
- Signed
- April 6, 2023
- Published
- April 11, 2023
- Source
- Federal Register
- Original Document
- https://www.govinfo.gov/content/pkg/FR-2023-04-11/pdf/2023-07760.pdf
AI-Generated Summary
Executive Order 14094: Modernizing Regulatory Review
Purpose
The purpose of Executive Order 14094, issued on April 6, 2023, is to modernize the regulatory review process in order to advance policies that promote the public interest and address national priorities.
Key Actions or Directives
- Amendments to Executive Order 12866: The order amends Section 3(f) of Executive Order 12866 to redefine what constitutes a "significant regulatory action," increasing the economic threshold to $200 million (adjusted every three years) and adding criteria related to economic impacts, environmental effects, and alignment with presidential priorities.
- Public Participation: Agencies are directed to seek input from a broad range of stakeholders, including underserved communities, to inform regulatory actions. This includes clarifying petition processes, responding efficiently to petitions, and maintaining logs of such petitions.
- Engagement Strategies: Agencies must proactively engage with interested parties, utilizing best practices for information accessibility and community-based outreach.
- Modernization of Notice-and-Comment Process: The Administrator of the Office of Information and Regulatory Affairs (OIRA) is tasked with considering guidance or tools to update the notice-and-comment process, including addressing mass and computer-generated comments.
- OIRA Meeting Reforms: The order aims to reduce the risk of undue influence in the regulatory process by implementing reforms to OIRA's meeting procedures, ensuring broader access and transparency.
- Regulatory Analysis Improvements: Within one year, the Director of the Office of Management and Budget is to revise Circular A-4 to ensure regulatory analysis recognizes distributive impacts and equity.
Significant Changes to Policy or Law
- Threshold for Significant Regulatory Actions: The economic threshold for what is considered a significant regulatory action is raised to $200 million from the previous $100 million, adjusted triennially.
- Broader Definition of Significant Actions: The order expands the definition to include actions that affect the environment, public health, or safety, and those that align with presidential priorities.
- Enhanced Public Engagement: There is a formal emphasis on inclusive public participation and engagement with underserved communities, which may lead to changes in how agencies conduct public outreach.
Potential Impacts
- Government Agencies: Agencies will need to adjust their regulatory planning and review processes to comply with new standards for public participation and analysis. This may increase workload and necessitate new resources or procedural changes.
- Citizens: Enhanced opportunities for public participation, especially for underserved communities, may lead to more inclusive regulatory policies. However, the complexity of engaging in the regulatory process might still be a barrier for some.
- International Relations: While the order focuses on domestic regulatory processes, changes in U.S. regulatory policy could indirectly affect international trade and regulatory cooperation.
Main Stakeholders Affected
- Federal Agencies: Particularly those involved in regulatory development and review, such as the Office of Management and Budget and the Office of Information and Regulatory Affairs.
- Underserved Communities: These groups are specifically targeted for increased engagement and participation in the regulatory process.
- Private Sector and Regulated Entities: Businesses and other entities subject to regulation will need to adapt to new regulatory processes and standards.
- General Public: Increased opportunities for public input may affect how citizens interact with and influence regulatory policies.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The order does not create enforceable rights or benefits, which limits its direct legal impact. However, it may lead to changes in how regulatory actions are legally challenged or upheld, particularly with the revised criteria for significant regulatory actions.
- Constitutional Implications: By enhancing public participation, the order aligns with democratic principles of government accountability and transparency, though it does not directly alter constitutional structures.
- Political Implications: The order reflects a political priority to modernize regulatory processes and increase inclusivity, which may be subject to political debate and could influence future administrations' approaches to regulatory review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.