ExecutiveOrdersEO
EO 14094Executive OrderBiden · D Quiet signal

Executive Order 14094

Modernizing Regulatory Review

This executive order updates the framework for federal regulatory review by raising the economic threshold for "significant regulatory actions" from $100 million to $200 million, requiring regulatory analysis to consider distributive impacts and equity, expanding public participation requirements to include underserved communities, and mandating OMB revise its key cost-benefit analysis guidance (Circular A-4) within one year.

Federal Register Open PDF 88 FR 21879

Impact dates

  1. OMB Circular A-4 revisions due

Key directives

  • Amend EO 12866 Section 3(f) to raise 'significant regulatory action' threshold from $100 million to $200 million, adjusted every 3 years by OIRA Administrator for GDP changes
  • Require regulatory analysis to recognize distributive impacts and equity, to extent permitted by law
  • Direct agencies to proactively engage underserved communities, workers, labor organizations, and other affected parties in regulatory planning
  • Require agencies maintain log of 5 U.S.C. 553(e) petitions and share status with OIRA upon request
  • Direct OIRA Administrator to consider guidance/tools to modernize notice-and-comment process for mass comments, AI-generated comments, and falsely attributed comments
  • Require OIRA to implement reforms to improve access and transparency for non-executive branch meeting requests, including disclosure of meeting data in open, machine-readable format
  • Direct OMB Director, through OIRA Administrator, to issue revisions to Circular A-4 within 1 year, in consultation with CEA Chair and relevant agencies

Who is ordered

Timeline

Immediate

  • Threshold for 'significant regulatory action' rises to $200 million (with triennial GDP adjustment)
  • OIRA must begin implementing meeting transparency and access reforms
  • Agencies must begin proactive outreach efforts for regulatory agendas

Near term (90d)

  • OIRA to consider guidance/tools for modernizing notice-and-comment process (AI-generated comments, mass comments, falsely attributed comments)
  • OIRA to implement meeting request reforms for non-executive branch participants

Long term

  • OMB Circular A-4 revisions due, incorporating distributive impacts and equity into regulatory cost-benefit analysis
  • Triennial GDP adjustment of $200 million threshold begins
  • Structural shift in how federal regulations are evaluated and who participates in rulemaking

Risks & tensions

  • Higher $200M threshold may reduce OIRA review of economically significant rules, potentially decreasing White House oversight of agency regulation
  • Equity and distributive impact requirements in regulatory analysis may conflict with traditional cost-benefit methodologies; tension with statutory constraints ('to extent permitted by law')
  • Vague 'to the extent practicable and consistent with applicable law' qualifiers throughout may limit enforceability
  • Meeting transparency reforms (disclosure of names, dates, subjects) may face pushback from stakeholders preferring confidential engagement
  • No dedicated funding or staff specified for expanded outreach to underserved communities; 'subject to available resources' and 'as practicable' create implementation uncertainty
  • AI-generated comment provisions are prospective (OIRA 'shall consider guidance') rather than immediate requirements
Executive Order 14094: Modernizing Regulatory Review · Executive Orders