Regulatory Review

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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

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Title 3--
The President

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.

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

THE WHITE HOUSE,

Washington, January 30, 2009