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Executive
Order 12866 on Regulatory Planning and Review of 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 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 in writing
the specific market failure (such as externalities, market power, lack of
information) or other specific problem that it intends to address (including,
where applicable, the failures of public institutions) that warrant new agency
action, as well as assess the significance of that problem, to enable
assessment of whether any new regulation is warranted. (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 or guidance document. (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 or guidance documents
that are inconsistent, incompatible, or duplicative with its other regulations or
guidance documents or those of other Federal agencies. (11) Each agency shall tailor
its regulations and guidance documents 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 and guidance documents 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 guidance
documents and assuring that the regulations and guidance documents 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 and guidance documents 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 and guidance documents, 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 U.S.C. 3502(1), other than those considered to be
independent regulatory agencies, as defined in 44 U.S.C. 3502(10). (c) "Director" means
the Director of OMB. (d) "Regulation" 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 issued in
accordance with the formal rulemaking provisions of 5 U.S.C. 556, 557; (2) Regulations that pertain to
a military or foreign affairs function of the (3) Regulations 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 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. (g) "Guidance document" means an agency statement of general
applicability and future effect, other than a regulatory action, that sets forth
a policy on a statutory, regulatory, or technical issue or an interpretation of
a statutory or regulatory issue. (h) "Significant guidance document" -- (1) Means a guidance document disseminated to regulated entities or the
general public that, for purposes of this order, may reasonably be anticipated
to: (A) Lead to an annual effect 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; (B) Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (C) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights or obligations of recipients thereof; or (D) Raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in this Executive
order; and (2) Does not include: (A) Guidance documents on regulations issued in accordance with the
formal rulemaking provisions of 5 U.S.C. 556, 557; (B) Guidance documents that pertain to a military or foreign affairs
function of the (C) Guidance documents on regulations that are limited to agency
organization, management, or personnel matters; or (D) Any other category of guidance documents exempted by the
Administrator of OIRA." 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) The Director may convene a meeting of agency
heads and other government personnel as appropriate 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 U.S.C. 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 U.S.C. 602 and 41 U.S.C. 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 U.S.C. 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. Unless specifically authorized by the head of the
agency, no rulemaking shall commence nor be included on the Plan without the
approval of the agency's Regulatory Policy Office, and the Plan 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 of each rule as well as the agency's best estimate of the combined
aggregate costs and benefits of all its regulations planned for that calendar
year to assist with the identification of priorities; (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 and specific citation to such statute, order, or
other legal authority; (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 (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 regulations
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. In consultation
with OIRA, each agency may also consider whether to utilize formal rulemaking
procedures under 5 U.S.C. 556 and 557 for the resolution of complex determinations.
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 one of the
agency's Presidential Appointees to be its Regulatory Policy Officer, advise
OMB of such designation, and annually update OMB on the status of this
designation. 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. Significant Guidance
Documents. Each agency
shall provide OIRA, at such times and in the manner specified by the Administrator
of OIRA, with advance notification of any significant guidance documents. Each
agency shall take such steps as are necessary for its Regulatory Policy Officer
to ensure the agency's compliance with the requirements of this section. Upon
the request of the Administrator, for each matter identified as, or determined
by the Administrator to be, a significant guidance document, the issuing agency
shall provide to OIRA the content of the draft guidance document, together with
a brief explanation of the need for the guidance document and how it will meet
that need. The OIRA Administrator shall notify the agency when additional
consultation will be required before the issuance of the significant guidance
document Sec. 10. Agency Authority. Nothing
in this order shall be construed as displacing the agencies' authority or
responsibilities, as authorized by law. Sec. 11. 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 Sec. 12. 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. WILLIAM CLINTON THE WHITE HOUSE, Editorial Note: For the
President's remarks on signing this Executive order, see issue 39 of the Weekly
Compilation of Presidential Documents. Exec. Order No. 12866, 58 FR
51735, 1993 WL 388305 (Pres.) |