Monday 

October 4, 1993 

Part VIII 

The President 

Executive Order 12866-Regulatory 

Planning and Review 
Federal Register 

Vol. 58, No. 190 

Monday, October 4, 1993 

Title 3-

The President 

5173a 

Presidential Documents 

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 people: In deciding whether 

and how to regulate, agencies should assess all costs and benefits of available 

regulatory alternatives, including the alternative of not regulating. Costs 

and benefits shall be understood to include both quantifiable measures (to 

the fullest extent that these can be usefully estimated) and qualitative measures of costs and benefits that are difficult to quantify, but nevertheless 

essential to consider. Further, in choosing among alternative regulatory approaches, agencies should select those approaches that maximize net benefits 

(including potential economic, environmental, public health and safety, and 

other advantages; distributive impacts; and equity), unless a statute requires 

another regulatory approach. 

(b) The Principles of Regulation. To ensure that the agencies' regulatory 

programs are consistent with the philosophy set forth above, agencies should 

adhere to the following principles, to the extent permitted by law and 

where applicable: · 

(1) Each agency shall identify the problem that it intends to address 

(including, where applicable, the failures of private markets or public institutions that warrant new agency action) as well as assess the significance 

of that problem. 

(2) Each agency shall examine whether existing regulations (or other 

law) have created, or contributed to, the problem that a new regulation 
51736 Federal Register f Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 

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. 

la) 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. · 
Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 51737 

(b) The Office of Management and Budget. Coordinated review of agency 

rulemaking is necessary to ensure that regulations are consistent with 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 

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 

ofOIRA. 

(e) "Regulatory action" means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected 
51738 Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 

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 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 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; 
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 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 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 

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 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 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 Vi~e President. The Administrator of OIRA shall chair the Working Group and shall periodically advise 

the Vice President on the activities of the Working Group. The Working 

Group shall serve as a forum to assist agencies in identifying and analyzing 

important regulatory issues (including, among others (1) the development 

of innovative regulatory techniques, (2) the methods, efficacy, and utility 

of comparative risk assessment in regulatory decision-making, and (3) the 

development of short forms and other streamlined regulatory approaches 

for small businesses and other entities). The Working Group shall meet 

at least quarterly and may meet as a whole or in subgroups of agencies 

with an interest in particular issues or subject areas. To inform its discussions, 

the Working Group may commission analytical studies and reports by OIRA, 

the Administrative Conference of the United States, or any other agency. 

(e) Conferences. The Administrator of OIRA shall meet quarterly with 

representatives of State, local, and tribal governments to identify both existing 

and proposed regulations that may uniquely or significantly affect those 

governmental entities. The Administrator of OIRA shall also convene, from 

time to time, conferences with representatives of businesses, nongovernmental organizations, and the public to discuss regulatory issues of common 

concern .• 

Sec. 5. Existing Regulations. In order to reduce the regulatory burden on 

the American people, their families, their communities, their State, local, 

and tribal governments, and their industries; to determine whether regula-
51740 Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 

" .. 

tions promulgated by the executive branch of the Federal Government have 

become unjustified or unnecessary as a result of changed circumstances; 

to confirm that regulations are both compatible with each other and not 

duplicative or inappropriately burdensome in the aggregate; to ensure that 

aU 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 
Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 51741 

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 '\'lith 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(£)(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: 

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 

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 irt 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 
Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 51743 

not attend, and telephone conversations between OIRA personnel and an) 

such persons}; 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 

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 
51744 Federal Register I Vol. 58, No. 190 I Monday, October 4, 1993 I Presidential Documents 

. [FR Doc. 93-24523 

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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. 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 OJRA 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. 

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.