[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Presidential Documents]
[Pages 7223-7224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01866]


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  Federal Register / Vol. 86 , No. 15 / Tuesday, January 26, 2021 / 
Presidential Documents  

[[Page 7223]]


                Memorandum of January 20, 2021

                
Modernizing Regulatory Review

                Memorandum for the Heads of Executive Departments and 
                Agencies

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Background. For nearly four decades, the 
                Office of Information and Regulatory Affairs (OIRA) in 
                the Office of Management and Budget (OMB) has been 
                charged by Presidents of both parties with reviewing 
                significant executive branch regulatory actions. This 
                process is largely governed by Executive Order 12866 of 
                September 30, 1993 (Regulatory Planning and Review), as 
                amended. This memorandum reaffirms the basic principles 
                set forth in that order and in Executive Order 13563 of 
                January 18, 2011 (Improving Regulation and Regulatory 
                Review), which took important steps towards modernizing 
                the regulatory review process. When carried out 
                properly, that process can help to advance regulatory 
                policies that improve the lives of the American people.

                Our Nation today faces serious challenges, including a 
                massive global pandemic; a major economic downturn; 
                systemic racial inequality; and the undeniable reality 
                and accelerating threat of climate change. It is the 
                policy of my Administration to mobilize the power of 
                the Federal Government to rebuild our Nation and 
                address these and other challenges. As we do so, it is 
                important that we evaluate the processes and principles 
                that govern regulatory review to ensure swift and 
                effective Federal action. Regulations that promote the 
                public interest are vital for tackling national 
                priorities.

                Sec. 2. Implementation. (a) I therefore direct the 
                Director of OMB, in consultation with representatives 
                of executive departments and agencies (agencies), as 
                appropriate and as soon as practicable, to begin a 
                process with the goal of producing a set of 
                recommendations for improving and modernizing 
                regulatory review. These recommendations should provide 
                concrete suggestions on how the regulatory review 
                process can promote public health and safety, economic 
                growth, social welfare, racial justice, environmental 
                stewardship, human dignity, equity, and the interests 
                of future generations. The recommendations should also 
                include proposals that would ensure that regulatory 
                review serves as a tool to affirmatively promote 
                regulations that advance these values. These 
                recommendations should be informed by public engagement 
                with relevant stakeholders.

                    (b) In particular, the recommendations should:

(i) identify ways to modernize and improve the regulatory review process, 
including through revisions to OMB's Circular A-4, Regulatory Analysis, 68 
FR 58,366 (Oct. 9, 2003), to ensure that the review process promotes 
policies that reflect new developments in scientific and economic 
understanding, fully accounts for regulatory benefits that are difficult or 
impossible to quantify, and does not have harmful anti-regulatory or 
deregulatory effects;

(ii) propose procedures that take into account the distributional 
consequences of regulations, including as part of any quantitative or 
qualitative analysis of the costs and benefits of regulations, to ensure 
that regulatory initiatives appropriately benefit and do not 
inappropriately burden disadvantaged, vulnerable, or marginalized 
communities;

[[Page 7224]]

(iii) consider ways that OIRA can play a more proactive role in partnering 
with agencies to explore, promote, and undertake regulatory initiatives 
that are likely to yield significant benefits; and

(iv) identify reforms that will promote the efficiency, transparency, and 
inclusiveness of the interagency review process, and determine an 
appropriate approach with respect to the review of guidance documents.

                Sec. 3. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) 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.
                    (d) The Director of OMB is authorized and directed 
                to publish this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 20, 2021

[FR Doc. 2021-01866
Filed 1-25-21; 11:15 am]
Billing code 3110-01-P