Executive Order #12866: Regulatory Planning and Review
Author: The White House - Date: June, 1994
THE WHITE HOUSE
Office of the Press Secretary
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.
- 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
- 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:
- 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
- Each agency shall examine whether existing regulations (or other law)
have created, or contributed to, the problem that a new regulation is
intended to correct and whether those regulations (or other law) should
be modified to achieve the intended goal of regulation more effectively.
- 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.
- 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.
- 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,
- 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.
- 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.
- ) 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
- 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.
- Each agency shall avoid regulations that are inconsistent, incompatible,
or duplicative with its other regulations or those of other Federal agencies.
- 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
- 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.
- 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
- 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.
- 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:
- "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.
- "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).
- "Director" means the Director of OMB. (
- "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:
- Regulations or rules issued in accordance with the formal rulemaking
provisions of 5 U.S.C. 556, 557;
- 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;
- Regulations or rules that are limited to agency organization, management,
or personnel matters; or
- Any other category of regulations exempted by the Administrator of OIRA.
- "Regulatory action" means any substantive action by an agency
(normally published in the Federal Register) that promulgates or is expected
to lead to the promulgation of a final rule or regulation, including notices
of inquiry, advance notices of proposed rulemaking, and notices of proposed
- "Significant regulatory action" means any regulatory action that
is likely to result in a rule that may:
- 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;
- Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
- Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients thereof;
- Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in this Executive
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:
- 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.
- 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 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).
- 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 statement of the agency's regulatory objectives and priorities
and how they relate to the President's priorities;
- 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;
- A summary of the legal basis for each such action, including whether
any aspect of the action is required by statute or court order;
- 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;
- The agency's schedule for action, including a statement of any applicable
statutory or judicial deadlines; and
- The name, address, and telephone number of a person the public may
contact for additional information about the planned regulatory action.
- Each agency shall forward its Plan to OIRA by June 1st of each year.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- Conferences. The Administrator of OIRA shall meet quarterly with representatives
of State, local, and tribal governments to identify both existing and proposed
regulations that may uniquely or significantly affect those governmental entities.
The Administrator of OIRA shall also convene, from time to time, conferences
with representatives of businesses, nongovernmental organizations, and the
public to discuss regulatory issues of common concern.
Sec. 5. Existing Regulations.
In order to reduce the regulatory burden on the American people, their families,
their communities, their State, local, and tribal governments, and their industries;
to determine whether regulations promulgated by the executive branch of the Federal
Government have become unjustified or unnecessary as a result of changed circumstances;
to confirm that regulations are both compatible with each other and not duplicative
or inappropriately burdensome in the aggregate; to ensure that all regulations
are consistent with the President's priorities and the principles set forth in
this Executive order, within applicable law; and to otherwise improve the effectiveness
of existing regulations:
- 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.
- 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.
- 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:
- Agency Responsibilities.
- 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
- 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.
- 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:
- Each agency shall provide OIRA, at such times and in the manner
specified by the Administrator of OIRA, with a list of its planned
regulatory actions, indicating those which the agency believes are
significant regulatory actions within the meaning of this Executive
order. Absent a material change in the development of the planned
regulatory action, those not designated as significant will not be
subject to review under this section unless, within 10 working days
of receipt of the list, the Administrator of OIRA notifies the agency
that OIRA has determined that a planned regulation is a significant
regulatory action within the meaning of this Executive order. The
Administrator of OIRA may waive review of any planned regulatory action
designated by the agency as significant, in which case the agency
need not further comply with subsection (a)(3)(B) or subsection (a)(3)(C)
of this section.
- 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:
- 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;
- 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.
- 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):
- 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;
- 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
- 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.
- 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.
- After the regulatory action has been published in the Federal Register
or otherwise issued to the public, the agency shall:
- Make available to the public the information set forth in subsections
(a)(3)(B) and (C);
- 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
- Identify for the public those changes in the regulatory action
that were made at the suggestion or recommendation of OIRA.
- All information provided to the public by the agency shall be in
plain, understandable language.
- 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:
- OIRA may review only actions identified by the agency or by OIRA
as significant regulatory actions under subsection (a)(3)(A) of this
- OIRA shall waive review or notify the agency in writing of the results
of its review within the following time periods:
- 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;
- 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
- The review process may be extended
- once by no more than 30 calendar days upon the written approval
of the Director and
- at the request of the agency head.
- 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.
- 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:
- 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
- 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:
- A representative from the issuing agency shall be
invited to any meeting between OIRA personnel and
- 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
- OIRA shall publicly disclose relevant information
about such communication(s), as set forth below in
subsection (b)(4)(C) of this section.
- OIRA shall maintain a publicly available log that shall
contain, at a minimum, the following information pertinent
to regulatory actions under review:
- The status of all regulatory actions, including
if (and if so, when and by whom) Vice Presidential
and Presidential consideration was requested;
- A notation of all written communications forwarded
to an issuing agency under subsection (b)(4)(B)(ii)
of this section; and
- 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.
- 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.
- All information provided to the public by OIRA shall be
in plain, understandable language.
Sec. 7. Resolution of Conflicts.
To the extent permitted by law, disagreements or conflicts between or among agency
heads or between OMB and any agency that cannot be resolved by the Administrator
of OIRA shall be resolved by the President, or by the Vice President acting at
the request of the President, with the relevant agency head (and, as appropriate,
other interested government officials). Vice Presidential and Presidential consideration
of such disagreements may be initiated only by the Director, by the head of the
issuing agency, or by the head of an agency that has a significant interest in
the regulatory action at issue. Such review will not be undertaken at the request
of other persons, entities, or their agents.
Resolution of such conflicts shall be informed by recommendations developed
by the Vice President, after consultation with the Advisors (and other executive
branch officials or personnel whose responsibilities to the President include
the subject matter at issue). The development of these recommendations shall
be concluded within 60 days after review has been requested.
During the Vice Presidential and Presidential review period, communications
with any person not employed by the Federal Government relating to the substance
of the regulatory action under review and directed to the Advisors or their
staffs or to the staff of the Vice President shall be in writing and shall be
forwarded by the recipient to the affected agency(ies) for inclusion in the
public docket(s). When the communication is not in writing, such Advisors or
staff members shall inform the outside party that the matter is under review
and that any comments should be submitted in writing.
At the end of this review process, the President, or the Vice President acting
at the request of the President, shall notify the affected agency and the Administrator
of OIRA of the President's decision with respect to the matter.
Sec. 8. Publication.
Except to the extent required by law, an agency shall not publish in the Federal
Register or otherwise issue to the public any regulatory action that is subject
to review under section 6 of this Executive order until (1) the Administrator
of OIRA notifies the agency that OIRA has waived its review of the action or has
completed its review without any requests for further consideration, or (2) the
applicable time period in section 6(b)(2) expires without OIRA having notified
the agency that it is returning the regulatory action for further consideration
under section 6(b)(3), whichever occurs first. If the terms of the preceding sentence
have not been satisfied and an agency wants to publish or otherwise issue a regulatory
action, the head of that agency may request Presidential consideration through
the Vice President, as provided under section 7 of this order. Upon receipt of
this request, the Vice President shall notify OIRA and the Advisors. The guidelines
and time period set forth in section 7 shall apply to the publication of regulatory
actions for which Presidential consideration has been sought.
Sec. 9. Agency Authority.
Nothing in this order shall be construed as displacing the agencies' authority
or responsibilities, as authorized by law.
Sec. 10. Judicial Review.
Nothing in this Executive order shall affect any otherwise available judicial
review of agency action. This Executive order is intended only to improve the
internal management of the Federal Government and does not create any right or
benefit, substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies or instrumentalities, its officers or employees,
or any other person.
Sec. 11. Revocations.
Executive Orders Nos. 12291 and 12498; all amendments to those Executive orders;
all guidelines issued under those orders; and any exemptions from those orders
heretofore granted for any category of rule are revoked.
WILLIAM J. CLINTON
THE WHITE HOUSE,
September 30, 1993.
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