Modernizing Regulatory Review
Executive Order 14094, Modernizing Regulatory Review, updates how the federal regulatory process is planned, reviewed, and analyzed. It reinforces and expands efforts to modernize regulatory review established in earlier orders, with a spotlight on equity and public participation. The order redefines what counts as a “significant regulatory action,” broadens and makes more inclusive the process for public input, and pushes for modernization of the notice-and-comment system and the transparency of OIRA (Office of Information and Regulatory Affairs) meetings. It also requires improvements to regulatory analysis to better account for distributive impacts and equity, with a specific deadline to update the central guidance (OMB Circular A-4). In short, the order aims to make rulemaking more transparent, more participatory—especially for underserved communities—and more rigorous in considering economic and equity effects, while preserving existing statutory authorities and budget processes.
Key Points
- 1Redefined “significant regulatory action” (Sec. 1): Updates criteria for when a regulation triggers centralized review, including economic impact thresholds, potential harms to various sectors or communities, inter-agency conflicts, budgetary effects, and issues that would meaningfully advance presidential priorities when reviewed centrally by OIRA.
- 2Inclusive regulatory policy and public participation (Sec. 2): Requires agencies to actively seek input from diverse communities, governments, industry, and experts; promote equitable public participation; and maintain a log of petitions for rulemaking (with status information) to share with OIRA.
- 3Modernizing notice-and-comment and meeting processes (Sec. 2): Encourages best practices for engaging the public, accessibility, and alternative engagement platforms; seeks guidance on mass or AI-generated comments; and reforms OIRA meeting procedures to expand access, reduce duplicative requests, consolidate meetings, and disclose meeting data in machine-readable formats.
- 4Greater transparency of OIRA meetings (Sec. 2(e)): Mandates reforms to disclose information about meetings with non-Federal participants, including those from underserved communities, and to improve the transparency and analysis of such meetings.
- 5Improved regulatory analysis and a plan to update Circular A-4 (Sec. 3): Directs that regulatory analysis emphasize public interest and equity, and requires within one year revisions to OMB Circular A-4 to implement this policy, in coordination with the Council of Economic Advisers and relevant agencies.