M-21-16 Memorandum for Heads of Executive Departments and Agencies

by Robert F. Fairweather

February 26, 2021

M-21-16

MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

FROM: Robert F. Fairweather
Acting Director

SUBJECT: Revoking M-20-36

On February 24, 2021, the President signed an Executive Order entitled “Executive Order on the Revocation of Certain Presidential Actions” (Executive Order). The Executive Order revoked the Presidential Memorandum of September 2, 2020, “Reviewing Funding to State and Local Government Recipients of Federal Funds That Are Permitting Anarchy, Violence, and Destruction in American Cities.”

Section 2 of the Executive Order directed the Director of the Office of Management and Budget and the heads of executive departments and agencies to “promptly consider taking steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing the Presidential actions identified in section 1 of this order, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq.” The Executive Order further directed that “any personnel positions, committees, task forces, or other entities established pursuant to the Presidential actions identified in section 1 of this order shall be abolished, as appropriate and consistent with applicable law.”

Pursuant to this directive, OMB Memorandum M-20-36, “Implementation of Section 2 of Memorandum on Reviewing Funding to State and Local Government Recipients of Federal Funds That Are Permitting Anarchy, Violence, and Destruction in American Cities” (September 21, 2020) is hereby revoked. To the extent that your department or agency has taken action to implement or enforce the September 21 Presidential Memorandum, including through contract terms, notices of funding availability, or otherwise, please promptly consider revoking or rescinding those actions pursuant to Section 2 of the Executive Order.