Presidential Documents

5977 

Federal Register 

Vol. 74, No. 21 

Tuesday, February 3, 2009 

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. 


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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] 

Billing code 3110–01–P 


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