Modernizing Regulatory Review (E.O. 14094)

Summary

Updates the process for creating new government rules to better include public input and focus on national priorities.

What problem does this solve?

The old way of reviewing new government rules was outdated and did not always consider the needs of all communities, especially those often overlooked. This order updates the review process to include more public participation and modernizes the standards for analyzing a rule's impact.

What does this order do?

Redefines 'Significant Regulatory Action'

Increases the annual economic effect threshold for a rule to be considered 'significant' to $200 million. This amount will be adjusted for economic growth every 3 years.

Promotes inclusive public participation

Requires agencies to seek input from diverse groups, including underserved communities, and make it easier for the public to petition for new rules or changes.

Updates regulatory analysis guidelines

Orders a revision of the government's guide for analyzing new rules (OMB Circular A-4) to ensure that fairness and impacts on different groups are considered.

Modernizes the public comment process

Directs the Office of Information and Regulatory Affairs (OIRA) to consider new tools to handle mass comments and comments generated by artificial intelligence.

Reforms OIRA meeting procedures

Aims to make meetings with the regulatory review office (OIRA) about new rules more transparent and accessible, especially for groups that have not historically participated.

Who does this affect?

Federal government agencies
The general public
Advocacy groups and regulated industries

What is the real world impact?

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Increases public participation in rulemaking

Encourages government agencies to actively seek input from a wider range of people, including underserved communities, when creating new rules to ensure regulations are more equitable and effective.

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Modernizes economic impact analysis

Updates the standards for how the government measures the economic effects of new rules, including considering fairness and how rules affect different groups of people, not just the overall cost.

When does this start?

This order is effective immediately as of April 6, 2023, and sets a key deadline for updating regulatory analysis guidelines within one year.

Revision of regulatory analysis guidelines

The Office of Management and Budget must issue revisions to its guide for analyzing regulations (Circular A-4) within one year of the order's date, by April 6, 2024.