Regulatory Review, 5977-5978 [E9-2434]

Download as PDF 5977 Presidential Documents Federal Register Vol. 74, No. 21 Tuesday, February 3, 2009 Title 3— Memorandum of January 30, 2009 The President Regulatory Review Memorandum for the Heads of Executive Departments and Agencies 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. sroberts on PROD1PC70 with RULES 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. VerDate Nov<24>2008 15:42 Feb 02, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03FEO0.SGM 03FEO0 5978 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Presidential Documents The Director of OMB is hereby authorized and directed to publish this memorandum in the Federal Register. THE WHITE HOUSE, Washington, January 30, 2009 [FR Doc. E9–2434 Filed 2–2–09; 11:15 am] VerDate Nov<24>2008 15:42 Feb 02, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03FEO0.SGM 03FEO0 OB#1.EPS</GPH> sroberts on PROD1PC70 with RULES Billing code 3110–01–P

Agencies

[Federal Register Volume 74, Number 21 (Tuesday, February 3, 2009)]
[Presidential Documents]
[Pages 5977-5978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2434]



[[Page 5975]]

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Part II





The President





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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 
                Agencies

                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