Federal Register Presidential Documents

Vol. 58, No. 190

Monday, October 4, 1993

Title 3—

The President

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 is

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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.

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(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

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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

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(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

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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

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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

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(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.

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(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

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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

THE WHITE HOUSE,

September 30, 1993.

of rule are revoked.

œ–

[FR citation 58 FR 51735]