[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]
Presidential Documents
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