Modernizing Regulatory Review, 21879-21881 [2023-07760]

Agencies

• Executive Office of the President

[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]



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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

___________________________________________________________________

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).

                    (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

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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. 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.

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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:

(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