Modernizing Regulatory Review

[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]

[Presidential Documents]

[Pages 21879-21881]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2023-07760]

[[Page 21877]]

Vol. 88

Tuesday,

No. 69

April 11, 2023

Part V

The President

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Executive Order 14094--Modernizing Regulatory Review

Presidential Documents

Federal Register / Vol. 88 , No. 69 / Tuesday, April 11, 2023 /

Presidential Documents

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Title 3--

The President

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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).

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.''

lter 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:

d 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

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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

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.

ider

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

all, 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.

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.

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(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:

l 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.

[FR Doc. 2023-07760

Filed 4-10-23; 11:15 am]

Billing code 3395-F3-P