/* Written 4:58 pm May 23, 1995 by afmgr@osiris.cso.uiuc.edu in osiris:subject.regs.orders */
/* ---------- "Executive Order 12866" ---------- */
EXECUTIVE ORDER 12866
REGULATORY PLANNING AND REVIEW
HISTORY: Sept. 30, 1993; 58 FR 51735, Oct. 4, 1993
The American people deserve a regulatory system that works for them,
not against them: a regulatory system that protects and improves their
health, safety, environment, and well-being and improves the performance
of the economy without imposing unacceptable or unreasonable costs on
society; regulatory policies that recognize that the private sector and
private markets are the best engine for economic growth; regulatory
approaches that respect the role of State, local, and tribal
governments; and regulations that are effective, consistent, sensible,
and understandable. We do not have such a regulatory system today.
With this Executive order, the Federal Government begins a program to
reform and make more efficient the regulatory process. The objectives of
this Executive order are to enhance planning and coordination with
respect to both new and existing regulations; to reaffirm the primacy of
Federal agencies in the regulatory decision-making process; to restore
the integrity and legitimacy of regulatory review and oversight; and to
make the process more accessible and open to the public. In pursuing
these objectives, the regulatory process shall be conducted so as to
meet applicable statutory requirements and with due regard to the
discretion that has been entrusted to the Federal agencies.
Accordingly, by the authority vested in me as President by the
Constitution and the laws of the United States of America, it is hereby
ordered as follows:
Section 1. Statement of Regulatory Philosophy and Principles. (a) The
Regulatory Philosophy. Federal agencies should promulgate only such
regulations as are required by law, are necessary to interpret the law,
or are made necessary by compelling public need, such as material
failures of private markets to protect or improve the health and safety
of the public, the environment, or the well-being of the American
people. In deciding whether and how to regulate, agencies should assess
all costs and benefits of available regulatory alternatives, including
the alternative of not regulating. Costs and benefits shall be
understood to include both quantifiable measures (to the fullest extent
that these can be usefully estimated) and qualitative measures of costs
and benefits that are difficult to quantify, but nevertheless essential
to consider. Further, in choosing among alternative regulatory
approaches, agencies should select those approaches that maximize net
benefits (including potential economic, environmental, public health and
safety, and other advantages; distributive impacts; and equity), unless
a statute requires another regulatory approach.
(b) The Principles of Regulation. To ensure that the agencies'
regulatory programs are consistent with the philosophy set forth above,
agencies should adhere to the following principles, to the extent
permitted by law and where applicable:
(1) Each agency shall identify the problem that it intends to address
(including, where applicable, the failures of private markets or public
institutions that warrant new agency action) as well as assess the
significance of that problem.
(2) Each agency shall examine whether existing regulations (or other
law) have created, or contributed to, the problem that a new regulation
is intended to correct and whether those regulations (or other law)
should be modified to achieve the intended goal of regulation more
effectively.
(3) Each agency shall identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public.
(4) In setting regulatory priorities, each agency shall consider, to
the extent reasonable, the degree and nature of the risks posed by
various substances or activities within its jurisdiction.
(5) When an agency determines that a regulation is the best available
method of achieving the regulatory objective, it shall design its
regulations in the most cost-effective manner to achieve the regulatory
objective. In doing so, each agency shall consider incentives for
innovation, consistency, predictability, the costs of enforcement and
compliance (to the government, regulated entities, and the public),
flexibility, distributive impacts, and equity.
(6) Each agency shall assess both the costs and the benefits of the
intended regulation and, recognizing that some costs and benefits are
difficult to quantify, propose or adopt a regulation only upon a
reasoned determination that the benefits of the intended regulation
justify its costs.
(7) Each agency shall base its decisions on the best reasonably
obtainable scientific, technical, economic, and other information
concerning the need for, and consequences of, the intended regulation.
(8) Each agency shall identify and assess alternative forms of
regulation and shall, to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt.
(9) Wherever feasible, agencies shall seek views of appropriate
State, local, and tribal officials before imposing regulatory
requirements that might significantly or uniquely affect those
governmental entities. Each agency shall assess the effects of Federal
regulations on State, local, and tribal governments, including
specifically the availability of resources to carry out those mandates,
and seek to minimize those burdens that uniquely or significantly affect
such governmental entities, consistent with achieving regulatory
objectives. In addition, as appropriate, agencies shall seek to
harmonize Federal regulatory actions with related State, local, and
tribal regulatory and other governmental functions.
(10) Each agency shall avoid regulations that are inconsistent,
incompatible, or duplicative with its other regulations or those of
other Federal agencies.
(11) Each agency shall tailor its regulations to impose the least
burden on society, including individuals, businesses of differing sizes,
and other entities (including small communities and governmental
entities), consistent with obtaining the regulatory objectives, taking
into account, among other things, and to the extent practicable, the
costs of cumulative regulations.
(12) Each agency shall draft its regulations to be simple and easy to
understand, with the goal of minimizing the potential for uncertainty
and litigation arising from such uncertainty.
Sec. 2. Organization. An efficient regulatory planning and review
process is vital to ensure that the Federal Government's regulatory
system best serves the American people.
(a) The Agencies. Because Federal agencies are the repositories of
significant substantive expertise and experience, they are responsible
for developing regulations and assuring that the regulations are
consistent with applicable law, the President's priorities, and the
principles set forth in this Executive order.
(b) The Office of Management and Budget. Coordinated review of agency
rulemaking is necessary to ensure that regulations are consistent with
applicable law, the President's priorities, and the principles set forth
in this Executive order, and that decisions made by one agency do not
conflict with the policies or actions taken or planned by another
agency. The Office of Management and Budget (OMB) shall carry out that
review function. Within OMB, the Office of Information and Regulatory
Affairs (OIRA) is the repository of expertise concerning regulatory
issues, including methodologies and procedures that affect more than one
agency, this Executive order, and the President's regulatory policies.
To the extent permitted by law, OMB shall provide guidance to agencies
and assist the President, the Vice President, and other regulatory
policy advisors to the President in regulatory planning and shall be the
entity that reviews individual regulations, as provided by this
Executive order.
(c) The Vice President. The Vice President is the principal advisor
to the President on, and shall coordinate the development and
presentation of recommendations concerning, regulatory policy, planning,
and review, as set forth in this Executive order. In fulfilling their
responsibilities under this Executive order, the President and the Vice
President shall be assisted by the regulatory policy advisors within the
Executive Office of the President and by such agency officials and
personnel as the President and the Vice President may, from time to
time, consult.
Sec. 3. Definitions. For purposes of this Executive order: (a)
"Advisors" refers to such regulatory policy advisors to the President as
the President and Vice President may from time to time consult,
including, among others: (1) the Director of OMB; (2) the Chair (or
another member) of the Council of Economic Advisers; (3) the Assistant
to the President for Economic Policy; (4) the Assistant to the President
for Domestic Policy; (5) the Assistant to the President for National
Security Affairs; (6) the Assistant to the President for Science and
Technology; (7) the Assistant to the President for Intergovernmental
Affairs; (8) the Assistant to the President and Staff Secretary; (9) the
Assistant to the President and Chief of Staff to the Vice President;
(10) the Assistant to the President and Counsel to the President; (11)
the Deputy Assistant to the President and Director of the White House
Office on Environmental Policy; and (12) the Administrator of OIRA, who
also shall coordinate communications relating to this Executive order
among the agencies, OMB, the other Advisors, and the Office of the Vice
President.
(b) "Agency," unless otherwise indicated, means any authority of the
United States that is an "agency" under 44 USC 3502(1), other than those
considered to be independent regulatory agencies, as defined in 44 USC
3502(10).
(c) "Director" means the Director of OMB.
(d) "Regulation" or "rule" means an agency statement of general
applicability and future effect, which the agency intends to have the
force and effect of law, that is designed to implement, interpret, or
prescribe law or policy or to describe the procedure or practice
requirements of an agency. It does not, however, include:
(1) Regulations or rules issued in accordance with the formal
rulemaking provisions of 5 USC 556, 557;
(2) Regulations or rules that pertain to a military or foreign
affairs function of the United States, other than procurement
regulations and regulations involving the import or export of
non-defense articles and services;
(3) Regulations or rules that are limited to agency organization,
management, or personnel matters; or
(4) Any other category of regulations exempted by the Administrator
of OIRA.
(e) "Regulatory action" means any substantive action by an agency
(normally published in the Federal Register) that promulgates or is
expected to lead to the promulgation of a final rule or regulation,
including notices of inquiry, advance notices of proposed rulemaking,
and notices of proposed rulemaking.
(f) "Significant regulatory action" means any regulatory action that
is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in this
Executive order.
Sec. 4. Planning Mechanism. In order to have an effective regulatory
program, to provide for coordination of regulations, to maximize
consultation and the resolution of potential conflicts at an early
stage, to involve the public and its State, local, and tribal officials
in regulatory planning, and to ensure that new or revised regulations
promote the President's priorities and the principles set forth in this
Executive order, these procedures shall be followed, to the extent
permitted by law: (a) Agencies' Policy Meeting. Early in each year's
planning cycle, the Vice President shall convene a meeting of the
Advisors and the heads of agencies to seek a common understanding of
priorities and to coordinate regulatory efforts to be accomplished in
the upcoming year.
(b) Unified Regulatory Agenda. For purposes of this subsection, the
term "agency" or "agencies" shall also include those considered to be
independent regulatory agencies, as defined in 44 USC 3502(10). Each
agency shall prepare an agenda of all regulations under development or
review, at a time and in a manner specified by the Administrator of
OIRA. The description of each regulatory action shall contain, at a
minimum, a regulation identifier number, a brief summary of the action,
the legal authority for the action, any legal deadline for the action,
and the name and telephone number of a knowledgeable agency official.
Agencies may incorporate the information required under 5 USC 602 and 41
USC 402 into these agendas.
(c) The Regulatory Plan. For purposes of this subsection, the term
"agency" or "agencies" shall also include those considered to be
independent regulatory agencies, as defined in 44 USC 3502(10). (1) As
part of the Unified Regulatory Agenda, beginning in 1994, each agency
shall prepare a Regulatory Plan (Plan) of the most important significant
regulatory actions that the agency reasonably expects to issue in
proposed or final form in that fiscal year or thereafter. The Plan shall
be approved personally by the agency head and shall contain at a
minimum:
(A) A statement of the agency's regulatory objectives and priorities
and how they relate to the President's priorities;
(B) A summary of each planned significant regulatory action
including, to the extent possible, alternatives to be considered and
preliminary estimates of the anticipated costs and benefits;
(C) A summary of the legal basis for each such action, including
whether any aspect of the action is required by statute or court order;
(D) A statement of the need for each such action and, if applicable,
how the action will reduce risks to public health, safety, or the
environment, as well as how the magnitude of the risk addressed by the
action relates to other risks within the jurisdiction of the agency;
(E) The agency's schedule for action, including a statement of any
applicable statutory or judicial deadlines; and
(F) The name, address, and telephone number of a person the public
may contact for additional information about the planned regulatory
action.
(2) Each agency shall forward its Plan to OIRA by June 1st of each
year.
(3) Within 10 calendar days after OIRA has received an agency's Plan,
OIRA shall circulate it to other affected agencies, the Advisors, and
the Vice President.
(4) An agency head who believes that a planned regulatory action of
another agency may conflict with its own policy or action taken or
planned shall promptly notify, in writing, the Administrator of OIRA,
who shall forward that communication to the issuing agency, the
Advisors, and the Vice President.
(5) If the Administrator of OIRA believes that a planned regulatory
action of an agency may be inconsistent with the President's priorities
or the principles set forth in this Executive order or may be in
conflict with any policy or action taken or planned by another agency,
the Administrator of OIRA shall promptly notify, in writing, the
affected agencies, the Advisors, and the Vice President.
(6) The Vice President, with the Advisors' assistance, may consult
with the heads of agencies with respect to their Plans and, in
appropriate instances, request further consideration or inter-agency
coordination.
(7) The Plans developed by the issuing agency shall be published
annually in the October publication of the Unified Regulatory Agenda.
This publication shall be made available to the Congress; State, local,
and tribal governments; and the public. Any views on any aspect of any
agency Plan, including whether any planned regulatory action might
conflict with any other planned or existing regulation, impose any
unintended consequences on the public, or confer any unclaimed benefits
on the public, should be directed to the issuing agency, with a copy to
OIRA.
(d) Regulatory Working Group. Within 30 days of the date of this
Executive order, the Administrator of OIRA shall convene a Regulatory
Working Group ("Working Group"), which shall consist of representatives
of the heads of each agency that the Administrator determines to have
significant domestic regulatory responsibility, the Advisors, and the
Vice President. The Administrator of OIRA shall chair the Working Group
and shall periodically advise the Vice President on the activities of
the Working Group. The Working Group shall serve as a forum to assist
agencies in identifying and analyzing important regulatory issues
(including, among others (1) the development of innovative regulatory
techniques, (2) the methods, efficacy, and utility of comparative risk
assessment in regulatory decision-making, and (3) the development of
short forms and other streamlined regulatory approaches for small
businesses and other entities). The Working Group shall meet at least
quarterly and may meet as a whole or in subgroups of agencies with an
interest in particular issues or subject areas. To inform its
discussions, the Working Group may commission analytical studies and
reports by OIRA, the Administrative Conference of the United States, or
any other agency.
(e) Conferences. The Administrator of OIRA shall meet quarterly with
representatives of State, local, and tribal governments to identify both
existing and proposed regulations that may uniquely or significantly
affect those governmental entities. The Administrator of OIRA shall also
convene, from time to time, conferences with representatives of
businesses, nongovernmental organizations, and the public to discuss
regulatory issues of common concern.
Sec. 5. Existing Regulations. In order to reduce the regulatory burden
on the American people, their families, their communities, their State,
local, and tribal governments, and their industries; to determine
whether regula-tions promulgated by the executive branch of the Federal
Government have become unjustified or unnecessary as a result of changed
circumstances; to confirm that regulations are both compatible with each
other and not duplicative or inappropriately burdensome in the
aggregate; to ensure that all regulations are consistent with the
President's priorities and the principles set forth in this Executive
order, within applicable law; and to otherwise improve the effectiveness
of existing regulations: (a) Within 90 days of the date of this
Executive order, each agency shall submit to OIRA a program, consistent
with its resources and regulatory priorities, under which the agency
will periodically review its existing significant regulations to
determine whether any such regulations should be modified or eliminated
so as to make the agency's regulatory program more effective in
achieving the regulatory objectives, less burdensome, or in greater
alignment with the President's priorities and the principles set forth
in this Executive order. Any significant regulations selected for review
shall be included in the agency's annual Plan. The agency shall also
identify any legislative mandates that require the agency to promulgate
or continue to impose regulations that the agency believes are
unnecessary or outdated by reason of changed circumstances.
(b) The Administrator of OIRA shall work with the Regulatory Working
Group and other interested entities to pursue the objectives of this
section. State, local, and tribal governments are specifically
encouraged to assist in the identification of regulations that impose
significant or unique burdens on those governmental entities and that
appear to have outlived their justification or be otherwise inconsistent
with the public interest.
(c) The Vice President, in consultation with the Advisors, may
identify for review by the appropriate agency or agencies other existing
regulations of an agency or groups of regulations of more than one
agency that affect a particular group, industry, or sector of the
economy, or may identify legislative mandates that may be appropriate
for reconsideration by the Congress.
Sec. 6. Centralized Review of Regulations. The guidelines set forth
below shall apply to all regulatory actions, for both new and existing
regulations, by agencies other than those agencies specifically exempted
by the Administrator of OIRA:
(a) Agency Responsibilities. (1) Each agency shall (consistent with
its own rules, regulations, or procedures) provide the public with
meaningful participation in the regulatory process. In particular,
before issuing a notice of proposed rulemaking, each agency should,
where appropriate, seek the involvement of those who are intended to
benefit from and those expected to be burdened by any regulation
(including, specifically, State, local, and tribal officials). In
addition, each agency should afford the public a meaningful opportunity
to comment on any proposed regulation, which in most cases should
include a comment period of not less than 60 days. Each agency also is
directed to explore and, where appropriate, use consensual mechanisms
for developing regulations, including negotiated rulemaking.
(2) Within 60 days of the date of this Executive order, each agency
head shall designate a Regulatory Policy Officer who shall report to the
agency head. The Regulatory Policy Officer shall be involved at each
stage of the regulatory process to foster the development of effective,
innovative, and least burdensome regulations and to further the
principles set forth in this Executive order.
(3) In addition to adhering to its own rules and procedures and to
the requirements of the Administrative Procedure Act, the Regulatory
Flexibility Act, the Paperwork Reduction Act, and other applicable law,
each agency shall develop its regulatory actions in a timely fashion and
adhere to the following procedures with respect to a regulatory action:
(A) Each agency shall provide OIRA, at such times and in the manner
specified by the Administrator of OIRA, with a list of its planned
regulatory actions, indicating those which the agency believes are
significant regulatory actions within the meaning of this Executive
order. Absent a material change in the development of the planned
regulatory action, those not designated as significant will not be
subject to review under this section unless, within 10 working days of
receipt of the list, the Administrator of OIRA notifies the agency that
OIRA has determined that a planned regulation is a significant
regulatory action within the meaning of this Executive order. The
Administrator of OIRA may waive review of any planned regulatory action
designated by the agency as significant, in which case the agency need
not further comply with subsection (a)(3)(B) or subsection (a)(3)(C) of
this section.
(B) For each matter identified as, or determined by the Administrator
of OIRA to be, a significant regulatory action, the issuing agency shall
provide to OIRA:
(i) The text of the draft regulatory action, together with a
reasonably detailed description of the need for the regulatory action
and an explanation of how the regulatory action will meet that need; and
(ii) An assessment of the potential costs and benefits of the
regulatory action, including an explanation of the manner in which the
regulatory action is consistent with a statutory mandate and, to the
extent permitted by law, promotes the President's priorities and avoids
undue interference with State, local, and tribal governments in the
exercise of their governmental functions.
(C) For those matters identified as, or determined by the
Administrator of OIRA to be, a significant regulatory action within the
scope of section 3(f)(1), the agency shall also provide to OIRA the
following additional information developed as part of the agency's
decision-making process (unless prohibited by law):
(i) An assessment, including the underlying analysis, of benefits
anticipated from the regulatory action (such as, but not limited to, the
promotion of the efficient functioning of the economy and private
markets, the enhancement of health and safety, the protection of the
natural environment, and the elimination or reduction of discrimination
or bias) together with, to the extent feasible, a quantification of
those benefits;
(ii) An assessment, including the underlying analysis, of costs
anticipated from the regulatory action (such as, but not limited to, the
direct cost both to the government in administering the regulation and
to businesses and others in complying with the regulation, and any
adverse effects on the efficient functioning of the economy, private
markets (including productivity, employment, and competitiveness),
health, safety, and the natural environment), together with, to the
extent feasible, a quantification of those costs; and
(iii) An assessment, including the underlying analysis, of costs and
benefits of potentially effective and reasonably feasible alternatives
to the planned regulation, identified by the agencies or the public
(including improving the current regulation and reasonably viable
nonregulatory actions), and an explanation why the planned regulatory
action is preferable to the identified potential alternatives.
(D) In emergency situations or when an agency is obligated by law to
act more quickly than normal review procedures allow, the agency shall
notify OIRA as soon as possible and, to the extent practicable, comply
with subsections (a)(3)(B) and (C) of this section. For those regulatory
actions that are governed by a statutory or court-imposed deadline, the
agency shall, to the extent practicable, schedule rulemaking proceedings
so as to permit sufficient time for OIRA to conduct its review, as set
forth below in subsection (b)(2) through (4) of this section.
(E) After the regulatory action has been published in the Federal
Register or otherwise issued to the public, the agency shall:
(i) Make available to the public the information set forth in
subsections (a)(3)(B) and (C);
(ii) Identify for the public, in a complete, clear, and simple
manner, the substantive changes between the draft submitted to OIRA for
review and the action subsequently announced; and
(iii) Identify for the public those changes in the regulatory action
that were made at the suggestion or recommendation of OIRA.
(F) All information provided to the public by the agency shall be in
plain, understandable language.
(b) OIRA Responsibilities. The Administrator of OIRA shall provide
meaningful guidance and oversight so that each agency's regulatory
actions are consistent with applicable law, the President's priorities,
and the principles set forth in this Executive order and do not conflict
with the policies or actions of another agency. OIRA shall, to the
extent permitted by law, adhere to the following guidelines:
(1) OIRA may review only actions identified by the agency or by OIRA
as significant regulatory actions under subsection (a)(3)(A) of this
section.
(2) OIRA shall waive review or notify the agency in writing of the
results of its review within the following time periods:
(A) For any notices of inquiry, advance notices of proposed
rulemaking, or other preliminary regulatory actions prior to a Notice of
Proposed Rulemaking, within 10 working days after the date of submission
of the draft action to OIRA;
(B) For all other regulatory actions, within 90 calendar days after
the date of submission of the information set forth in subsections
(a)(3)(B) and (C) of this section, unless OIRA has previously reviewed
this information and, since that review, there has been no material
change in the facts and circumstances upon which the regulatory action
is based, in which case, OIRA shall complete its review within 45 days;
and
(C) The review process may be extended (1) once by no more than 30
calendar days upon the written approval of the Director and (2) at the
request of the agency head.
(3) For each regulatory action that the Administrator of OIRA returns
to an agency for further consideration of some or all of its provisions,
the Administrator of OIRA shall provide the issuing agency a written
explanation for such return, setting forth the pertinent provision of
this Executive order on which OIRA is relying. If the agency head
disagrees with some or all of the bases for the return, the agency head
shall so inform the Administrator of OIRA in writing.
(4) Except as otherwise provided by law or required by a Court, in
order to ensure greater openness, accessibility, and accountability in
the regulatory review process, OIRA shall be governed by the following
disclosure requirements:
(A) Only the Administrator of OIRA (or a particular designee) shall
receive oral communications initiated by persons not employed by the
executive branch of the Federal Government regarding the substance of a
regulatory action under OIRA review;
(B) All substantive communications between OIRA personnel and persons
not employed by the executive branch of the Federal Government regarding
a regulatory action under review shall be governed by the following
guidelines: (i) A representative from the issuing agency shall be
invited to any meeting between OIRA personnel and such person(s);
(ii) OIRA shall forward to the issuing agency, within 10 working days
of receipt of the communication(s), all written communications,
regardless of format, between OIRA personnel and any person who is not
employed by the executive branch of the Federal Government, and the
dates and names of individuals involved in all substantive oral
communications (including meetings to which an agency representative was
invited, but did not attend, and telephone conversations between OIRA
personnel and any such persons); and
(iii) OIRA shall publicly disclose relevant information about such
communication(s), as set forth below in subsection (b)(4)(C) of this
section.
(C) OIRA shall maintain a publicly available log that shall contain,
at a minimum, the following information pertinent to regulatory actions
under review:
(i) The status of all regulatory actions, including if (and if so,
when and by whom) Vice Presidential and Presidential consideration was
requested;
(ii) A notation of all written communications forwarded to an issuing
agency under subsection (b)(4)(B)(ii) of this section; and
(iii) The dates and names of individuals involved in all substantive
oral communications, including meetings and telephone conversations,
between OIRA personnel and any person not employed by the executive
branch of the Federal Government, and the subject matter discussed
during such communications.
(D) After the regulatory action has been published in the Federal
Register or otherwise issued to the public, or after the agency has
announced its decision not to publish or issue the regulatory action,
OIRA shall make available to the public all documents exchanged between
OIRA and the agency during the review by OIRA under this section.
(5) All information provided to the public by OIRA shall be in plain,
understandable language.
Sec. 7. Resolution of Conflicts.To the extent permitted by law,
disagreements or conflicts between or among agency heads or between OMB
and any agency that cannot be resolved by the Administrator of OIRA
shall be resolved by the President, or by the Vice President acting at
the request of the President, with the relevant agency head (and, as
appropriate, other interested government officials). Vice Presidential
and Presidential consideration of such disagreements may be initiated
only by the Director, by the head of the issuing agency, or by the head
of an agency that has a significant interest in the regulatory action at
issue. Such review will not be undertaken at the request of other
persons, entities, or their agents.
Resolution of such conflicts shall be informed by recommendations
developed by the Vice President, after consultation with the Advisors
(and other executive branch officials or personnel whose
responsibilities to the President include the subject matter at issue).
The development of these recommendations shall be concluded within 60
days after review has been requested.
During the Vice Presidential and Presidential review period,
communications with any person not employed by the Federal Government
relating to the substance of the regulatory action under review and
directed to the Advisors or their staffs or to the staff of the Vice
President shall be in writing and shall be forwarded by the recipient to
the affected agency(ies) for inclusion in the public docket(s). When the
communication is not in writing, such Advisors or staff members shall
inform the outside party that the matter is under review and that any
comments should be submitted in writing.
At the end of this review process, the President, or the Vice
President acting at the request of the President, shall notify the
affected agency and the Administrator of OIRA of the President's
decision with respect to the matter.
Sec. 8. Publication. Except to the extent required by law, an agency
shall not publish in the Federal Register or otherwise issue to the
public any regulatory action that is subject to review under section 6
of this Executive order until (1) the Administrator of OIRA notifies the
agency that OIRA has waived its review of the action or has completed
its review without any requests for further consideration, or (2) the
applicable time period in section 6(b)(2) expires without OIRA having
notified the agency that it is returning the regulatory action for
further consideration under section 6(b)(3), whichever occurs first. If
the terms of the preceding sentence have not been satisfied and an
agency wants to publish or otherwise issue a regulatory action, the head
of that agency may request Presidential consideration through the Vice
President, as provided under section 7 of this order. Upon receipt of
this request, the Vice President shall notify OIRA and the Advisors. The
guidelines and time period set forth in section 7 shall apply to the
publication of regulatory actions for which Presidential consideration
has been sought.
Sec. 9. Agency Authority. Nothing in this order shall be construed as
displacing the agencies' authority or responsibilities, as authorized by
law.
Sec. 10. Judicial Review. Nothing in this Executive order shall affect
any otherwise available judicial review of agency action. This Executive
order is intended only to improve the internal management of the Federal
Government and does not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the United
States, its agencies or instrumentalities, its officers or employees, or
any other person.
Sec. 11. Revocations. Executive Orders Nos. 12291 and 12498; all
amendments to those Executive orders; all guidelines issued under those
orders; and any exemptions from those orders heretofore granted for any
category of rule are revoked.
/s/ William J. Clinton
THE WHITE HOUSE
September 30, 1993.
/* End of text from osiris:subject.regs.orders */