[Federal Register: September 30, 1993 (Volume 58)]
[Presidential Documents]
[Page 51735]
Executive Order 12866 of September 30, 1993--Regulatory Planning
and Review
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 p eople. 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 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" 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 U.S.C. 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 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.
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 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. 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.
WILLIAM CLINTON
THE WHITE HOUSE,
September 30, 1993.
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.)
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