### Monday October 4, 1993



# Part VIII


# The President

Executive Order 12866-Regulatory Planning and ReviewFederal Register
Vol. 58, No. 190 Monday, October 4, 1993

Title 3-


### The President 5173a 

# Presidential Documents

Executive Order 12866 ofSeptember 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 theirhealth, 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
aregulatory systemtoday. 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 theFederal 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 ofRegulatoryPhilosophy andPrinciples. (a) The RegulatoryPhilosophy. 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 ofthe American people: In deciding whether and howto regulate, agencies should assess all costs and benefits ofavailable 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 anotherregulatory approach.

(b) The Principles ofRegulation. 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 whereapplicable: · (1) Each agency shall identify the problem that it intends to address (including, where applicable, the failures ofprivate markets orpublic institutions that warrant new agency action) as well as assess the significance ofthat problem. (2) Each agency shall examine whether existing regulations (or other law) have created, or contributed to, the problem that a new regulation51736 Federal Register f Vol. 58, No. 190 I 

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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 uponwhichchoicescanbemadebythepublic. (4) 

### In setting regulatory priorities, each agency shall consider, to the extent reasonable, the degree and nature of the risks posed by various substancesoractivities withinitsjurisdiction. (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 intendedregulation and,recognizingthat some costs andbenefits are difficult toquantify,propose oradoptaregulationonlyupon areasoned determination thatthebenefitsoftheintendedregulationjustify its costs. (7)

### Each agency shallbase its decisions on thebest reasonably obtainable scientific, technical. economic, and other information concerning the need for, andconsequencesof, the intendedregulation. (8) 

### Eachagency shall identify and assess alternative forms ofregulation and shall, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities mustadopt. (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 seekto 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 andothergovernmentalfunctions. (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 litigationarisingfrom suchuncertainty. Sec. 2. 

### Organization. An 

### efficient regulatory planning and review process is vital to ensure that the Federal Government's regulatory system best
servestheAmericanpeople.

la) The Agencies. Because Federal agencies are the repositories of significantsubstantiveexpertise andexperience, 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. ·Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 51737

(b) 

### The Office ofManagement and Budget. Coordinated review of agency rulemakingis necessary to ensurethatregulations are consistentwith applic._able 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**Offic~** of Management and Budget (OMB) shall carry out that review function. Within OMB, the Office of Information and Regulatory Affairs (OIRA) is therepository ofexpertiseconcerningregulatory issues, includingmethodologies 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 otherregulatory policy advisors to the President in regulatory planning and shall be the entity that reviews individual regulations, as providedby 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 theregulatory policy advisors within the Executive Office of the President and by such agency officials and personnel as the President and the Vice Presidentmay,from timetotime, 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 ofEconomic Advisers; (3} theAssistant to thePresident for Economic Policy· (4} the Assistant to the President for Domestic Policy; (5) the Assistant to thePresidentfor National SecurityAffairs; (6} theAssistantto thePresident for ScienceandTechnology; (7) theAssistant to thePresident 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 otherAdvisors, and the Office ofthe 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"meanstheDirectorofOMB. (d) "Regulation"or "rule"means an agency statementofgeneral 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 orrules issued in accordance with the formal rulemaking provisionsof5U.S.C. 556, 557; (2) Regulations or rules that pertain to a military or foreign affairs function ofthe United States, otherthan procurementregulations andregulations involving the import or export of non-defense articles and services; (3) Regulations or rules that are limited to agency organization, management,orpersonnelmatters; or (4) Any other category of regulations exempted by the Administrator ofOIRA. (e) "Regulatory action" means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected

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to lead to the promulgation of a final rule or regulation, including notices ofinquiry, advance notices ofproposed rulemaking, and notices ofproposed rulemaking.

. (f) "Significant regulatory action" means any regulatory action that is likely to resultina rulethatmay: (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,
orState,local, ortribalgovernmentsorcommunities; (2) Create a serious inconsistency or otherwise interfere with an action taken orplannedbyanotheragency; (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.PlanningMechanism. In orderto 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 ofthe Advisors and the heads ofagencies to seek a common understanding of priorities and to coordinate regulatory efforts to be accomplished in theupcomingyear. (b) Unified RegulatoryAgenda. For purposes of this subsection, the term "agency"or"agencies" shall alsoincludethose 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 timeandina mannerspecifiedbytheAdministratorofOIRA. Thedescription ofeach 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 ofa knowledgeableagency official. Agencies may incorporate the information required under5 U.S.C. 602 and41 U.S.C. 402 intotheseagendas. (c) TheRegulatoryPlan. Forpurposes ofthis 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 ofthe Unified RegulatoryAgenda, beginningin 1994,each agency shall prepareaRegulatory Plan (Plan) of the most important significant regulatc;>ry actions thAt**th~** 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 andshallcontain at aminimum: (A) A statement of the agency's regulatory objectives and priorities and howtheyrelateto thePresident'spriorities; (B) A summary ofeach planned significant regulatory action including, to theextentpossible, alternatives tobeconsidered andpreliminary estimates oftheanticipatedcosts andbenefits; · (C) A summary ofthe legal basis for each such action, including whether anyaspect oftheactionis requiredbystatuteorcourtorder; (D) A statement of the need for each such action and, if applicable, how the action will reduce risks to publichealth, safety, orthe environment,

as well as how the magnitude of the risk addressed by the action relates to otherrisks withinthejurisdictionoftheagency;Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 51739

(E) The agency's schedule for action, including a statement ofany applicablestatutoryorjudicial 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 earh 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 VicePresident. (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 VicePresident. (5) If the Administra.tor 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 theVicePresident. (6) The Vice President, with the Advisors' assistance, may consult with theheadsofagencies withrespect to theirPlans and, in appropriateinstances, request furtherconsiderationorinter-agencycoordination. (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 directedtotheissuingagency, witha copy to OIRA. (d) Regulatory Working Group. Within 30 days ofthe date ofthis Executive order, the Administrator ofOIRA 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**Vi~e** President. TheAdministrator 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 aninterest inparticularissues orsubjectareas. To informits 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 ofState, local, andtribal governments to identifyboth 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 ofcommon 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-

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.. tions promulgated by the executive branch ofthe 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 aU regulations are consistentwith 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 ofthis 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 ofregulations that impose significant or unique burdens
on thosegovernmentalentities andthat appearto have outlived theirjustification orbeotherwiseinconsistentwiththepublicinterest. (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 ofRegulations. The guidelines set forth below shall apply to all regulatory actions, for both new and existing regulations, by agencies otherthan those agencies specifically exempted by the AdministratorofOIRA: (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 inthisExecutive order. · (3) In addition to adhering to its own rules and procedures and to the requirements ofthe 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 tothefollowing procedureswithrespectto aregulatory action:

·(A) Each agency shall provide OIRA, at such times and in the manner specified by the Administrator ofOIRA, with a list ofits planned regulatory actions, indicating those whiCh the agencybelieves are significant regulatoryFederal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 

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actions withinthe meaning ofthis 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 thatOIRAhas determinedthataplannedregulationis asignificant regulatory action within the meaningof this Executive order. The Administrator ofOIRAmaywaivereviewofany plannedregulatory action designated by the agency as significant, in which case the agency need not further complywith subsection (a)(3)(B) orsubsection (a)(3)(C) ofthis section.

. (B) For each matter identified as, or determined by the Administrator of OIRA to be, a significant regulatory action, the issuing agency shall providetoOIRA: (i) The text of the draft regulatory action, together with a reasonably detailed description ofthe need for the regulatory action and an explanation ofhowtheregulatory actionwill meetthatneed; 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 '\'lith a statutory mandate and, to the extent permitted by law, promotes the President's priorities and avoids undue interference with State,local. and tribalgovernments in theexercise oftheirgovernmental 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(£)(1), the agency shall also provide to OIRA the following additional information developed as part of the agency's decision-making process (unless prohibitedbylaw): (i) An assessment, including the underlying analysis. ofbenefits anticipated from the regulatory action (such as, but not limited to, the promotion ofthe efficient functioning oftheeconomy andprivatemarkets, the enhancement of health and safety, the protection of the natural environment, and the elimination or reduction of discrimination or bias) together with, to theextentfeasible, aquantificationofthosebenefits; (ii) Anassessment,includingthe underlyinganalysis, ofcosts 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 oftheeconomy, private markets (including productivity, employment, and competitiveness), health, safety, and the natural environment), together with, to the extent feasible, a quantification ofthose 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 identifiedpotentialalternatives. {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) ofthis section. Forthose 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 insubsection (b)(2) through (4}ofthis section. (E) After theregulatory action has been published in the FederalRegister
orotherwiseissuedtothepublic,theagency shall: li) Make available to the public the information set forth in subsections (a)(3J(B) and (C);
,51742 Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents

(ii) Identify for the public, in a complete, clear, and simple manner, the substantive changes between the draft submitted to OIRA for review andthe actionsubsequentlyannounced; and (iii) Identify for the public those changes in the regulatory action that

weremadeat the suggestion orrecommendation ofOIRA. (F) All information provided to the public by the agency shall be in plain, understandablelanguage. ·

(b) 

### OIRA Responsibilities. The Administrator ofOIRA 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, adhereto thefollowingguidelines: (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 irt writing of the results ofitsreviewwithinthefollowing timeperiods: (A) For any notices ofinquiry, advance notices ofproposed 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 actionto OIRA; (B) For all other regulatory actions, within 90 calendar days after the date of submission ofthe 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 shallcompleteitsreviewwithin 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 therequestoftheagency 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 ofOIRA shall provide the issuing agency a written explanation for such return, setting forth the pertinent provision ofthis 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 AdministratorofOIRA inwriting. (4) Except as otherwise provided by law or required by a Court, in order to ensure greater openness, accessibility, and accountability in the regulatoryreviewprocess, OIRA shallbegovernedby the following disclosure requirements: (A) Only the Administrator of OIRA (or a particular designee) shall receive oral communications initiatedbypersons not employedby the executivebranch oftheFederal Governmentregarding the substanceofa regulatory action underOIRAreview; (B) All substantive communications between OIRA personnel and persons not employed by the executive branch of the Federal Government regarding a regulatory action underreview shall begovernedby the following guidelines: (i) A representative from the issuing agency shall be invited to any meetingbetweenOIRApersonneland suchperson(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 didFederal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 

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not attend, and telephone conversations between OIRA personnel and an) suchpersons}; and (iii} OIRA shall publicly disclose relevant lnformatio1;1 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 underreview: (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 agencyundersubsection (b)(4){B)(ii}ofthis section;and (iii) The dates and names of individuals involved in all substantive
• oral communications, including meetings and telephone conversations, between OIRApersonnel and any person notemployedby the executivebranch of the Federal Government, and the subject matter discussed during such communications. (D) Afterthe regulatory actionhasbeenpublishedin 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 agencyduringthereviewbyOIRAunderthis section. (5) All information provided to the public by OIRA shall be in plain, understandablelanguage. Sec. 7. 

### Resolution ofConflicts. To the extent permittedby 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 ofthe issuing agency, orby the head ofan agency that has a significant interest in the regulatory action at issue. Such review will notbe undertaken attherequestofotherpersons,entities,ortheiragents. Resolution of such conflicts shall be informed by recommendations developed by the Vice President, after consultation with the Advisors (and other executivebranchofficials orpersonnelwhoseresponsibilities to thePresident include the subject matter at issue). The development ofthese recommendations shall be concluded within 60 days after review has been requested. Duringthe Vice Presidential andPresidentialreview period, communications with any person not employed by the Federal Government relating to the substance ofthe regulatory action underreview 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 ofthis 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

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Filed**1~1-93;** 12:12 pm) Billing code 3195-01-M 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. Ifthe terms of the preceding sentence have not been satisfied and an agency wants to publish or otherwise issue a regulatory action, the head ofthat agency may request Presidential consideration through the Vice President, as provided under section 7 ofthis order. Upon receipt of this request, the Vice President shall notify OJRA and the Advisors. The guidelines and time period set forth in section 7 shall applyto thepublicationofregulatory actions for whichPresidential considerationhasbeensought. Sec. 9.

### AgencyAuthority. Nothing inthis order shall be construed as displacingtheagencies' authorityorresponsibilities, as authorizedby 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 ofthe Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equityby a party against the United States, its agencies
orinstrumentalities, its officers oremployees, oranyotherperson. 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 ofrulearerevoked.

THE WHITE HOUSE, 

### September 30, 1993.

Editorial note: For the President's remarks on signing this Executive order, see issue 39 ofthe WeeklyCompilation of PresidentialDocuments.