REGWRITER ALERT: New Executive Order on Modernizing Regulatory Review
April 11, 2023
On Wednesday, April 6, 2023, President Biden signed a new executive order related to modernizing regulatory review to advance policies that promote the public interest and address national priorities.
The EO includes information on amendments to the following sections of EO 12866:
Section 1. Improving the Effectiveness of the Regulatory Review Process.
Section 2. Affirmative Promotion of Inclusive Regulatory Policy and Public Participation
Section 3. Improving Regulatory Analysis
Section 4. General Provisions.
The Executive Order is available here:
OMB announced a call to reform the process through which the public requests meeting with the Office of Information and Regulatory Affairs (OIRA) on regulatory actions under review pursuant to Executive Order 12866 (E.O. 12866 meetings).
Per this Federal Register Notice, reforms under consideration include:
• Facilitating the initiation of meeting requests from potential participants that have not historically requested meetings;
• Ensuring access for meeting requestors that have not historically requested such meetings;
• Discouraging meeting requests that are duplicative of previous meetings with OIRA regarding the same regulatory action (at the same stage of the regulatory process) by the same meeting requestors;
• Encouraging groups that would like to present similar views on a regulatory action to submit joint meeting requests wherever possible.
• Disclosing additional information about E.O. 12866 meetings that may be helpful to OIRA, to agencies, and to the public, such as providing information about E.O. 12866 meeting requests in an open, machine-readable and accessible format.
OMB is seeking comments on its proposed 12866 Meetings Guidance regarding reforms under consideration by June 6, 2023. The draft is available at
https://www.whitehouse.gov/wp-content/uploads/2023/04/ModernizingEOSection2eDraftGuidance.pdf
More information on the OMB notices is available here: