/* 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. 


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