ExecutiveOrdersEO
MemoMemorandumTrump 45 · R

Presidential Memorandum

Protecting Jobs, Economic Opportunities, and National Security for All Americans by Ensuring Appropriate Support of Innovative Technologies for Using Our Domestic Natural Resources

This October 31, 2020 memorandum directs the Secretary of Energy to produce two reports within 70 days assessing the economic, trade, and national security impacts of banning or restricting hydraulic fracturing and related technologies. It also directs OMB to review agency compliance with Executive Order 13211 (energy effects statements for regulations) and identify priority agencies within 30 days.

Federal Register Open PDF 85 FR 70039

Impact dates

  1. Secretary of Energy submits economic/trade impact report (Section 4)

  2. Secretary of Energy submits national security impact report (Section 5)

  3. OMB identifies priority agencies for EO 13211 compliance focus

Key directives

  • Secretary of Energy, in consultation with USTR, shall submit economic and trade impact report within 70 days
  • Secretary of Energy shall submit national security impact report within 70 days
  • OMB Director, through OIRA Administrator, shall review agency compliance with EO 13211 and provide new guidance as appropriate
  • OMB Director shall identify priority agencies for EO 13211 focus within 30 days
  • Secretary of Energy authorized and directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • OMB begins review of agency compliance with EO 13211
  • Secretary of Energy begins consultations for reports

Near term (90d)

  • OMB identifies priority agencies for EO 13211 compliance (30 days)
  • Secretary of Energy submits economic/trade impact report (70 days)
  • Secretary of Energy submits national security impact report (70 days)

Long term

  • Potential new OMB/OIRA guidance on EO 13211 implementation
  • Possible policy shifts based on report findings depending on election outcome

Risks & tensions

  • Timing 3 days before 2020 presidential election suggests political messaging intent; implementation uncertain if administration changes
  • Reports mandated may not be completed before potential transition
  • EO 13211 reinforcement could increase regulatory burden for agencies proposing environmental/energy regulations
  • Framing of 'ban' assessment may predetermine negative conclusions
  • Vague 'as appropriate' qualifier on OMB guidance (Section 6a) creates uncertainty about binding effect
Presidential Memorandum: Protecting Jobs, Economic Opportunities, and National Security for All Americans by Ensuring Appropriate Support of Innovative Technologies for Using Our Domestic Natural Resources · Executive Orders