+(,121/,1(

Citation: 58 Fed. Reg. 51735 1993 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Tue Nov 6 14:20:48 2012

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

 uncorrected OCR text.
51735

Federal Regster Presidential Documents

Vol. 58, No. 190

Monday, October 4, 1993

Title 3- Executive Order 12866 of September 30, 1993

The President 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 Pinciples. (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 regulafion

HeinOnline -- 58 Fed. Reg. 51735 1993
51736. Federai g' eVt. i9t-'-' 5 Noe hd, O'Cbe, 4, 9 de

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 thepublic.

(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,

-egulated 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 fudctions.

(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.

HeinOnline -- 58 Fed. Reg. 51736 1993
Federal Register ],Vol. .58, No. 190 / Monday, October 4, 1993 / Presidential Documents

(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 EIecutive 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 ' oordinate 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 applicabil- ity 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

51737

HeinOnline -- 58 Fed. Reg. 51737 1993
51738 Federal Register / Vol. 58, No. 190 I Monday, October 4, 1993 1 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

Srinciples set forth in this Executive order, these procedures shall be folowed, 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.

(bi 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.

(€) The RegulatoryPlan. 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;

HeinOnline -- 58 Fed. Reg. 51738 1993
Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents

(E) The agency's schedule 'for action, including a statement of any appli-.

cable statutory or judicial deadlines; and

(F) The name, address, and, telephone number of a, person the public

may contact for additional information about'the planned regulatory action.

(2) Each agency shall forward 'its Plan to OIRA .by June 1st of each

year.

(3) Within 10 calendar days after OIRA has received an agency's Plan,

OIRA shall circulate it to -other affected agencies, the Advisors, and the

Vice President.

(4) An agency head who believes that a planned regulatory action of

another agency may conflict with its own policy. or action taken or planned

shall promptly notify, in writing, the Administrator of OIRAi 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. Presidient'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 publishedannually in the October publication of the Unified Regulatoiy.Agenda. This'

publication shall be made available to the Congress: State, local, and 'ibal

governments; and the public. Any views on any aspect of ay agency Pln,

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, shouldbe directed to the issuing agency, with a copy to OIRA.

(d) Regulatory Working Group. Within 30 days of the dateof 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 identifyi g and analyzing

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

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

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

development of short forms and other streamlined regulto"ry approaches'

for small businesses and other entities). The Working Grot 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,. nongovern-,

mental 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 regula51739

HeinOnline -- 58 Fed. Reg. 51739 1993
51740 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / 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

all regulations are consistent with the President's priorities and the principles

set forth in this Executi,e 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 sas to make the agericy'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 QIRA 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 f 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 QIRA, with a list of its planned regulatory

actions, indicating those which the agency believes are significant regulatory

HeinOnline -- 58 Fed. Reg. 51740 1993
Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents

actions within the meaning of this Executive order. Absent a material change

in the development of the planned regulatory action, those not designated

as significant will not be subject to review under this section unless, within

10 working days of receipt of the list, the Administrator of OIRA notifies

the agency that OIRA has determined that a planned regulation is a significant

regulatory action within the meaning of this Executive order. The Administrator of OIRA may waive review of any planned regulatory action designated

by the agency as significant, in which case the agency need not further

comply with subsection (a)(3)(B) or subsection (a)(3}{C) of this section.

(B) For each matter identified as, or determined by the Administrator

of OIRA to be, a significant regulatory action, the issuing agency shall

provide to OIRA:

(i) The text of the draft regulatory action, together with a reasonably

detailed description of the need for the regulatory action and an explanation

of how the regulatory action will meet that need; and

(ii) An assessment of the potential costs and benefits of the regulatory

action, including an explanation of the manner in which the regulatory

action is consistent with a statutory mandate and, to the extent permitted

by law, promotes the President's priorities and avoids undue interference

with State, local, and tribal governments in the exercise of their governmental

functions.

(C) For those matters identified as, or determined by the Administrator

of OIRA to be, a significant regulatory action within the scope of section

3(f(1), the agency shall also provide to OIRA the following additional information developed as part of the agency's decision-making process (unless.

prohibited by law):

(i) An assessment, including the underlying analysis, of benefits anticipated from the regulatory action (such as, but not limited to, the promotion

of the efficient functioning of the economy and private markets, the enhancement of health and safety, the protection of the natural environment, and

the elimination or reduction of discrimination or bias) together with, to

the extent feasible, a quantification of those benefits;

(ii) An assessment, including the underlying analysis, of costs anticipated

from the regulatory action (such as, but not limited to, the direct cost

both to the government in administering the regulation and to businesses

and others in complying with the regulation, and any adverse effects on

the efficient functioning of the economy, private markets (including productivity, employment, and competitiveness), health, safety, and the natural

environment), together with, to the extent feasible, a quantification of those

costs; and

(iii) An assessment, including the underlying analysis, of costs and

benefits of potentially effective and reasonably feasible alternatives to the

planned regulation, identified by the agencies or the public (including improving the current regulation and reasonably viable nonregulatory actions),

and an explanation why the planned regulatory action is preferable to the

identified potential alternatives.

(D) In emergency situations or when an agency is obligated by law

to act more quickly than normal review procedures allow, the agency shall

notify OIRA as soon as possible and, to the extent practicable, comply

with subsections (a)(3)(B) and (C) of this section. For those regulatory actions

that are governed by a statutory or court-imposed deadline, the agency

shall, to the extent practicable, schedule rulemaking proceedings so as to

permit sufficient time for OIRA to conduct its review, as set forth below

in subsection (b)(2) through (4) of-this section.

(E) After the regulatory action has been published in the Federal Register

or otherwise issued to the public, the agency shall:

(i) Make available to the public the information set forth in subsections

(a)(3)(B) and (C);

51741

HeinOnline -- 58 Fed. Reg. 51741 1993
51742 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / 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 subsequenly 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) QIRA Responsibilities. The Administrator of OIRAshall 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 ofsubmission 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.(?).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 nbt 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 (in-.

cluding meetings to which an agency representative was invited,'but "'did

HeinOnline -- 58 Fed. Reg. 51742 1993
Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents

not attend, and telephone conversations between OIRA personnel and any

such persons); and

(iii) OIRA shall publicly disclose relevant information about such

communication(s), as set forth below in subsection (b)(4)(C) of this section.

(C) OIRA shall maintain a publicly available log that shall contain,

at a minimum, the following information pertinent to regulatory actions

under review:

i) The status of all regulatory actions, including if (and if so, when

and by whom) Vice Presidential and Presidential consideration was requested;

(ii) A notation of all written communications forwarded to an issuing

agency under subsection (b)(4)(B)(ii) of this section; and

(iii) The dates and names of individuals involved in all substantive

oral communications, including meetings and telephone conversations, between OIRA personnel and any person not employed by the executive branch

of the Federal Government, and the subject matter discussed during such

communications.

(D) After the regulatory action has been published in the Federal Register

or otherwise issued to the public, qr 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 requesi

of the President, with the relevant agency head (and, as appropriate, othei

interested government officials). Vice Presidential and Presidential consider.

ation 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 significani

interest in the regulatory action at issue. Such review will not be undertaker

at the request of other persons, entities, or their agents.

Resolution of such conflicts shall be informed by recommendations devel.

oped by the Vice President, after consultation with the Advisors (and othel

executive branch officials or personnel whose responsibilities to the Presideni

include the subject matter at issue). The development of these recommenda

tions shall be concluded within 60 days after review has been requested

During the Vice Presidential and Presidential review period, communication.,

with any person not employed by the Federal Government relating to th

substance of the regulatory action under review and directed to the Advisor

or their staffs or to the staff of the Vice President shall be in writinj

and shall be forwarded by the recipient to the affected agency(ies) for inclu

sion in the public docket(s). When the communication is not in writing

such Advisors or staff members shall inform the outside party that tho

matter is under review and that any comments should be submitted il

writing.

At the end of this review process, the President, or the Vice Presiden

acting at the request of the President, shall notify the affected agency an(

the Administrator of OIRA of the President's decision with respect to thl

matter.

Sec. 8. Publication. Except to the extent required by law, an agency shal

not publish in the Federal Register or otherwise issue to the public ani

regulatory action that is subject to review under section 6 of this Executivi

order until (1) the Administrator of OIRA notifies the agency that OIR/

has waived its review of the action or has completed its review withou

51743

HeinOnline -- 58 Fed. Reg. 51743 1993
.51744 Fuderal Reoiter I 61. bA, W.166 IM6nday-,-dct66er 4, 19-93' Presldenfal'ocument"ii t ..

any requests for further consideration, or (2) the applicable time period

in section 6(b)(2) expires without OIRA having 'notified the agency that

it is returning the regulatory action for further consideration under section

6(b)(3), whichever occurs first. If the terms of the preceding sentence have

not been satisfied and an agency wants to publish or otherwise issue a

regulatory action, the head of that agency may request Presidential consideration through the Vice President, as provided -under section 7 of this order.

Upon receipt of this request, the Vice President shall notify OIRA, and

the Advisors, The guidelines and time period set forth in section 7 shall

apply to the publication of regulatory actions for which Presidential consideration has been sought.

Sec.. 9. Agency Authority. Nothing in this order shall be construed as displacingthe agencies' authority or responsibilities 'as authorized by law.

Sec. 10. Judidial Review. Nothing in this Executive. order shill 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 otherperson.

Sec. 11. Revocations. Executive Orders'Nos. 12291 and 12498; all amendments to those Executive orders; all guidelines issued under those orders;

and apy exemptios from those orders heretofore granted for any category

of rule are revo ed,

-THE WHITE. HOUSE,

September 30, 1993. JFR.-DOC. 93-44523 " -:

Filed 10-1-93; 12:12 punl

'Billing code 3195-014M

Fditoria not. For the President's 'remarks on signing .this Executive order, see issue 39

of the Weekly Compilation of Presidential Documents. '

HeinOnline -- 58 Fed. Reg. 51744 1993