[Federal Register Volume 74, Number 21 (Tuesday, February 3, 2009)]
[Presidential Documents]
[Pages 5975-5978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2434]

[[Page 5975]]


Part II

The President


Memorandum of January 30, 2009--Regulatory Review

Memorandum of January 30, 2009--White House Task Force on Middle-Class 
Working Families

                        Presidential Documents 

Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / 
Presidential Documents


Title 3--
The President

[[Page 5977]]

                Memorandum of January 30, 2009

Regulatory Review

                Memorandum for the Heads of Executive Departments and 

                For well over two decades, the Office of Information 
                and Regulatory Affairs (OIRA) at the Office of 
                Management and Budget (OMB) has reviewed Federal 
                regulations. The purposes of such review have been to 
                ensure consistency with Presidential priorities, to 
                coordinate regulatory policy, and to offer a 
                dispassionate and analytical ``second opinion'' on 
                agency actions. I strongly believe that regulations are 
                critical to protecting public health, safety, our 
                shared resources, and our economic opportunities and 
                security. While recognizing the expertise and authority 
                of executive branch departments and agencies, I also 
                believe that, if properly conducted, centralized review 
                is both legitimate and appropriate as a means of 
                promoting regulatory goals.

                The fundamental principles and structures governing 
                contemporary regulatory review were set out in 
                Executive Order 12866 of September 30, 1993. A great 
                deal has been learned since that time. Far more is now 
                known about regulation--not only about when it is 
                justified, but also about what works and what does not. 
                Far more is also known about the uses of a variety of 
                regulatory tools such as warnings, disclosure 
                requirements, public education, and economic 
                incentives. Years of experience have also provided 
                lessons about how to improve the process of regulatory 
                review. In this time of fundamental transformation, 
                that process--and the principles governing regulation 
                in general--should be revisited.

                I therefore direct the Director of OMB, in consultation 
                with representatives of regulatory agencies, as 
                appropriate, to produce within 100 days a set of 
                recommendations for a new Executive Order on Federal 
                regulatory review. Among other things, the 
                recommendations should offer suggestions for the 
                relationship between OIRA and the agencies; provide 
                guidance on disclosure and transparency; encourage 
                public participation in agency regulatory processes; 
                offer suggestions on the role of cost-benefit analysis; 
                address the role of distributional considerations, 
                fairness, and concern for the interests of future 
                generations; identify methods of ensuring that 
                regulatory review does not produce undue delay; clarify 
                the role of the behavioral sciences in formulating 
                regulatory policy; and identify the best tools for 
                achieving public goals through the regulatory process.

                This memorandum 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.

[[Page 5978]]

                The Director of OMB is hereby authorized and directed 
                to publish this memorandum in the Federal Register.
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 30, 2009

[FR Doc. E9-2434
Filed 2-2-09; 11:15 am]
Billing code 3110-01-P