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Presidential Executive Order 13924 (Donald Trump, 2020)

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Executive Order 13924: Regulatory Relief To Support Economic Recovery was a presidential executive order issued by President Donald Trump (R) on May 19, 2020, that aimed to support economic recovery from the coronavirus pandemic by directing federal agencies to remove regulatory barriers to economic activity and adhere to a set of fairness principles in adjudication and enforcement.[1]

President Joe Biden (D) revoked E.O. 13772 on February 24, 2021.[2]

Background

On May 19, President Trump issued an executive order directing federal agencies to remove regulatory barriers to economic activity as part of a coronavirus pandemic recovery effort.

The order specifically directed agency leaders to determine whether regulations modified or waived during the pandemic should be repealed permanently. It also encouraged agencies to use emergency powers to support economic recovery and to find and remove additional regulatory hurdles to job creation. According to news reports, more than 600 regulations were potentially affected.

Russ Vought, Acting Director of the Office of Management and Budget, stated, “If a bureaucratic rule needs to be suspended during a time of crisis to help the American people, we should ask ourselves if it makes sense to keep at all.”[3][4]

Noteworthy events

Fairness in agency adjudication and enforcement

The order contained provisions seeking to promote economic recovery by safeguarding procedural rights and ensuring fairness in agency adjudication and enforcement.

The order put forth what it deemed a set of "principles of fairness in administrative enforcement and adjudication" and directs agencies to comply with the principles where appropriate as part of their pandemic response efforts. The principles include broad standards of promptness, fairness, and transparency in adjudication and enforcement proceedings as well as more specific procedural due process protections, such as requiring that adjudication be free from government coercion and that agency adjudicators be independent of enforcement staff. These principles build on Trump’s October 2019 Executive Order 13892, which aimed to curb what the order referred to as administrative abuses by requiring agencies to provide the public with fair notice of regulations.

“[President Trump] knows that what will jump-start the economy is not Big Government, but the American people,” said White House Office of Information and Regulatory Affairs Administrator Paul Ray in The Washington Times. “That’s why this president is fighting the economic emergency by returning even more liberty to the people.”Cite error: Closing </ref> missing for <ref> tag

Agency adjudication aims to resolve a dispute either between a federal agency and a private party or between two private parties. While some administrative law scholars claim that agency adjudication satisfies constitutional due process, others argue that certain adjudication procedures violate due process protections, such as the appearance of partiality in favor of agencies that results from the use of non-independent adjudicators.

See also

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Footnotes