5 Usc 601

U.S. Code

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-CITE5 USC Sec. 601

01/07/2011

-EXPCITETITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I - THE AGENCIES GENERALLY
CHAPTER 6 - THE ANALYSIS OF REGULATORY FUNCTIONS
-HEADSec. 601. Definitions
-STATUTEFor purposes of this chapter (1) the term "agency" means an agency as defined in section
551(1) of this title;
(2) the term "rule" means any rule for which the agency
publishes a general notice of proposed rulemaking pursuant to
section 553(b) of this title, or any other law, including any
rule of general applicability governing Federal grants to State
and local governments for which the agency provides an
opportunity for notice and public comment, except that the term
"rule" does not include a rule of particular applicability
relating to rates, wages, corporate or financial structures or
reorganizations thereof, prices, facilities, appliances,
services, or allowances therefor or to valuations, costs or
accounting, or practices relating to such rates, wages,
structures, prices, appliances, services, or allowances;

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(3) the term "small business" has the same meaning as the term
"small business concern" under section 3 of the Small Business
Act, unless an agency, after consultation with the Office of
Advocacy of the Small Business Administration and after
opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities
of the agency and publishes such definition(s) in the Federal
Register;
(4) the term "small organization" means any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field, unless an agency establishes, after
opportunity for public comment, one or more definitions of such
term which are appropriate to the activities of the agency and
publishes such definition(s) in the Federal Register;
(5) the term "small governmental jurisdiction" means
governments of cities, counties, towns, townships, villages,
school districts, or special districts, with a population of less
than fifty thousand, unless an agency establishes, after
opportunity for public comment, one or more definitions of such
term which are appropriate to the activities of the agency and
which are based on such factors as location in rural or sparsely
populated areas or limited revenues due to the population of such
jurisdiction, and publishes such definition(s) in the Federal
Register;
(6) the term "small entity" shall have the same meaning as the
terms "small business", "small organization" and "small
governmental jurisdiction" defined in paragraphs (3), (4) and (5)

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of this section; and
(7) the term "collection of information" (A) means the obtaining, causing to be obtained, soliciting,
or requiring the disclosure to third parties or the public, of
facts or opinions by or for an agency, regardless of form or
format, calling for either (i) answers to identical questions posed to, or identical
reporting or recordkeeping requirements imposed on, 10 or
more persons, other than agencies, instrumentalities, or
employees of the United States; or
(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United States which
are to be used for general statistical purposes; and
(B) shall not include a collection of information described
under section 3518(c)(1) of title 44, United States Code.
(8) Recordkeeping requirement. - The term "recordkeeping
requirement" means a requirement imposed by an agency on persons
to maintain specified records.
-SOURCE(Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1165;
amended Pub. L. 104-121, title II, Sec. 241(a)(2), Mar. 29, 1996,
110 Stat. 864.)
-REFTEXTREFERENCES IN TEXT
Section 3 of the Small Business Act, referred to in par. (3), is
classified to section 632 of Title 15, Commerce and Trade.

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-MISC1AMENDMENTS
1996 - Pars. (7), (8). Pub. L. 104-121 added pars. (7) and (8).
EFFECTIVE DATE OF 1996 AMENDMENT
Section 245 of title II of Pub. L. 104-121 provided that: "This
subtitle [subtitle D (Secs. 241-245) of title II of Pub. L. 104121, amending this section and sections 603 to 605, 609, 611, and
612 of this title and enacting provisions set out as a note under
section 609 of this title] shall become effective on the expiration
of 90 days after the date of enactment of this subtitle [Mar. 29,
1996], except that such amendments shall not apply to
interpretative rules for which a notice of proposed rulemaking was
published prior to the date of enactment."
EFFECTIVE DATE
Section 4 of Pub. L. 96-354 provided that: "The provisions of
this Act [enacting this chapter] shall take effect January 1, 1981,
except that the requirements of sections 603 and 604 of title 5,
United States Code (as added by section 3 of this Act) shall apply
only to rules for which a notice of proposed rulemaking is issued
on or after January 1, 1981."
SHORT TITLE OF 1996 AMENDMENT
Section 1 of Pub. L. 104-121 provided that: "This Act [enacting
sections 801 to 808 of this title, section 657 of Title 15,
Commerce and Trade, and sections 1320b-15 and 1383e of Title 42,
The Public Health and Welfare, amending this section and sections
504, 603 to 605, 609, 611, and 612 of this title, sections 665e and
901 of Title 2, The Congress, section 648 of Title 15, section 2412

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of Title 28, Judiciary and Judicial Procedure, section 3101 of
Title 31, Money and Finance, and sections 401, 402, 403, 405, 422,
423, 425, 902, 903, 1382, 1382c, 1383, and 1383c of Title 42,
enacting provisions set out as notes under this section and
sections 504, 609, and 801 of this title and sections 401, 402,
403, 405, 902, 1305, 1320b-15, and 1382 of Title 42, amending
provisions set out as a note under section 631 of Title 15, and
repealing provisions set out as a note under section 425 of Title
42] may be cited as the 'Contract with America Advancement Act of
1996'."
SHORT TITLE
Section 1 of Pub. L. 96-354 provided: "That this Act [enacting
this chapter] may be cited as the 'Regulatory Flexibility Act'."
REGULATORY ENFORCEMENT REPORTS
Pub. L. 107-198, Sec. 4, June 28, 2002, 116 Stat. 732, provided
that:
"(a) Definition. - In this section, the term 'agency' has the
meaning given that term under section 551 of title 5, United States
Code.
"(b) In General. "(1) Initial report. - Not later than December 31, 2003, each
agency shall submit an initial report to "(A) the chairpersons and ranking minority members of "(i) the Committee on Governmental Affairs [now Committee
on Homeland Security and Governmental Affairs] and the
Committee on Small Business and Entrepreneurship of the
Senate; and

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"(ii) the Committee on Government Reform [now Committee on
Oversight and Government Reform] and the Committee on Small
Business of the House of Representatives; and
"(B) the Small Business and Agriculture Regulatory
Enforcement Ombudsman designated under section 30(b) of the
Small Business Act (15 U.S.C. 657(b)).
"(2) Final report. - Not later than December 31, 2004, each
agency shall submit a final report to the members and officer
described under paragraph (1) (A) and (B).
"(3) Content. - The initial report under paragraph (1) shall
include information with respect to the 1-year period beginning
on October 1, 2002, and the final report under paragraph (2)
shall include information with respect to the 1-year period
beginning on October 1, 2003, on each of the following:
"(A) The number of enforcement actions in which a civil
penalty is assessed.
"(B) The number of enforcement actions in which a civil
penalty is assessed against a small entity.
"(C) The number of enforcement actions described under
subparagraphs (A) and (B) in which the civil penalty is reduced
or waived.
"(D) The total monetary amount of the reductions or waivers
referred to under subparagraph (C).
"(4) Definitions in reports. - Each report under this
subsection shall include definitions selected at the discretion
of the reporting agency of the terms 'enforcement actions',
'reduction or waiver', and 'small entity' as used in the report."

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ASSESSMENT OF FEDERAL REGULATIONS AND POLICIES ON FAMILIES
Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 654], Oct.
21, 1998, 112 Stat. 2681-480, 2681-528, as amended by Pub. L. 108271, Sec. 8(b), July 7, 2004, 118 Stat. 814, provided that:
"(a) Purposes. - The purposes of this section are to "(1) require agencies to assess the impact of proposed agency
actions on family well-being; and
"(2) improve the management of executive branch agencies.
"(b) Definitions. - In this section "(1) the term 'agency' has the meaning given the term
'Executive agency' by section 105 of title 5, United States Code,
except such term does not include the Government Accountability
Office; and
"(2) the term 'family' means "(A) a group of individuals related by blood, marriage,
adoption, or other legal custody who live together as a single
household; and
"(B) any individual who is not a member of such group, but
who is related by blood, marriage, or adoption to a member of
such group, and over half of whose support in a calendar year
is received from such group.
"(c) Family Policymaking Assessment. - Before implementing
policies and regulations that may affect family well-being, each
agency shall assess such actions with respect to whether "(1) the action strengthens or erodes the stability or safety
of the family and, particularly, the marital commitment;
"(2) the action strengthens or erodes the authority and rights

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of parents in the education, nurture, and supervision of their
children;
"(3) the action helps the family perform its functions, or
substitutes governmental activity for the function;
"(4) the action increases or decreases disposable income or
poverty of families and children;
"(5) the proposed benefits of the action justify the financial
impact on the family;
"(6) the action may be carried out by State or local government
or by the family; and
"(7) the action establishes an implicit or explicit policy
concerning the relationship between the behavior and personal
responsibility of youth, and the norms of society.
"(d) Governmentwide Family Policy Coordination and Review. "(1) Certification and rationale. - With respect to each
proposed policy or regulation that may affect family well-being,
the head of each agency shall "(A) submit a written certification to the Director of the
Office of Management and Budget and to Congress that such
policy or regulation has been assessed in accordance with this
section; and
"(B) provide an adequate rationale for implementation of each
policy or regulation that may negatively affect family wellbeing.
"(2) Office of management and budget. - The Director of the
Office of Management and Budget shall "(A) ensure that policies and regulations proposed by

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agencies are implemented consistent with this section; and
"(B) compile, index, and submit annually to the Congress the
written certifications received pursuant to paragraph (1)(A).
"(3) Office of policy development. - The Office of Policy
Development shall "(A) assess proposed policies and regulations in accordance
with this section;
"(B) provide evaluations of policies and regulations that may
affect family well-being to the Director of the Office of
Management and Budget; and
"(C) advise the President on policy and regulatory actions
that may be taken to strengthen the institutions of marriage
and family in the United States.
"(e) Assessments Upon Request by Members of Congress. - Upon
request by a Member of Congress relating to a proposed policy or
regulation, an agency shall conduct an assessment in accordance
with subsection (c), and shall provide a certification and
rationale in accordance with subsection (d).
"(f) Judicial Review. - This section is not intended to create
any right or benefit, substantive or procedural, enforceable at law
by a party against the United States, its agencies, its officers,
or any person."
SMALL BUSINESS REGULATORY FAIRNESS
Pub. L. 104-121, title II, Secs. 201-224, Mar. 29, 1996, 110
Stat. 857-862, as amended by Pub. L. 110-28, title VIII, Sec. 8302,
May 25, 2007, 121 Stat. 204, provided that:

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"SEC. 201. SHORT TITLE.
"This title [enacting sections 801 to 808 of this title and
section 657 of Title 15, Commerce and Trade, amending this section,
sections 504, 603 to 605, 609, 611, and 612 of this title, section
648 of Title 15, and section 2412 of Title 28, Judiciary and
Judicial Procedure, enacting provisions set out as notes under this
section and sections 504, 609, and 801 of this title, and amending
provisions set out as a note under section 631 of Title 15] may be
cited as the 'Small Business Regulatory Enforcement Fairness Act of
1996'.
"SEC. 202. FINDINGS.
"Congress finds that "(1) a vibrant and growing small business sector is critical to
creating jobs in a dynamic economy;
"(2) small businesses bear a disproportionate share of
regulatory costs and burdens;
"(3) fundamental changes that are needed in the regulatory and
enforcement culture of Federal agencies to make agencies more
responsive to small business can be made without compromising the
statutory missions of the agencies;
"(4) three of the top recommendations of the 1995 White House
Conference on Small Business involve reforms to the way
government regulations are developed and enforced, and reductions
in government paperwork requirements;
"(5) the requirements of chapter 6 of title 5, United States
Code, have too often been ignored by government agencies,
resulting in greater regulatory burdens on small entities than

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necessitated by statute; and
"(6) small entities should be given the opportunity to seek
judicial review of agency actions required by chapter 6 of title
5, United States Code.
"SEC. 203. PURPOSES.
"The purposes of this title are "(1) to implement certain recommendations of the 1995 White
House Conference on Small Business regarding the development and
enforcement of Federal regulations;
"(2) to provide for judicial review of chapter 6 of title 5,
United States Code;
"(3) to encourage the effective participation of small
businesses in the Federal regulatory process;
"(4) to simplify the language of Federal regulations affecting
small businesses;
"(5) to develop more accessible sources of information on
regulatory and reporting requirements for small businesses;
"(6) to create a more cooperative regulatory environment among
agencies and small businesses that is less punitive and more
solution-oriented; and
"(7) to make Federal regulators more accountable for their
enforcement actions by providing small entities with a meaningful
opportunity for redress of excessive enforcement activities.
"SUBTITLE A - REGULATORY COMPLIANCE SIMPLIFICATION
"SEC. 211. DEFINITIONS.
"For purposes of this subtitle "(1) the terms 'rule' and 'small entity' have the same meanings

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as in section 601 of title 5, United States Code;
"(2) the term 'agency' has the same meaning as in section 551
of title 5, United States Code; and
"(3) the term 'small entity compliance guide' means a document
designated and entitled as such by an agency.
"SEC. 212. COMPLIANCE GUIDES.
"(a) Compliance Guide. "(1) In general. - For each rule or group of related rules for
which an agency is required to prepare a final regulatory
flexibility analysis under section 605(b) [probably should be
"section 604"] of title 5, United States Code, the agency shall
publish 1 or more guides to assist small entities in complying
with the rule and shall entitle such publications 'small entity
compliance guides'.
"(2) Publication of guides. - The publication of each guide
under this subsection shall include "(A) the posting of the guide in an easily identified
location on the website of the agency; and
"(B) distribution of the guide to known industry contacts,
such as small entities, associations, or industry leaders
affected by the rule.
"(3) Publication date. - An agency shall publish each guide
(including the posting and distribution of the guide as described
under paragraph (2)) "(A) on the same date as the date of publication of the final
rule (or as soon as possible after that date); and

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"(B) not later than the date on which the requirements of
that rule become effective.
"(4) Compliance actions. "(A) In general. - Each guide shall explain the actions a
small entity is required to take to comply with a rule.
"(B) Explanation. - The explanation under subparagraph (A) "(i) shall include a description of actions needed to meet
the requirements of a rule, to enable a small entity to know
when such requirements are met; and
"(ii) if determined appropriate by the agency, may include
a description of possible procedures, such as conducting
tests, that may assist a small entity in meeting such
requirements, except that, compliance with any procedures
described pursuant to this section does not establish
compliance with the rule, or establish a presumption or
inference of such compliance.
"(C) Procedures. - Procedures described under subparagraph
(B)(ii) "(i) shall be suggestions to assist small entities; and
"(ii) shall not be additional requirements, or diminish
requirements, relating to the rule.
"(5) Agency preparation of guides. - The agency shall, in its
sole discretion, taking into account the subject matter of the
rule and the language of relevant statutes, ensure that the guide
is written using sufficiently plain language likely to be
understood by affected small entities. Agencies may prepare
separate guides covering groups or classes of similarly affected

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small entities and may cooperate with associations of small
entities to develop and distribute such guides. An agency may
prepare guides and apply this section with respect to a rule or a
group of related rules.
"(6) Reporting. - Not later than 1 year after the date of
enactment of the Fair Minimum Wage Act of 2007 [May 25, 2007],
and annually thereafter, the head of each agency shall submit a
report to the Committee on Small Business and Entrepreneurship of
the Senate, the Committee on Small Business of the House of
Representatives, and any other committee of relevant jurisdiction
describing the status of the agency's compliance with paragraphs
(1) through (5).
"(b) Comprehensive Source of Information. - Agencies shall
cooperate to make available to small entities through comprehensive
sources of information, the small entity compliance guides and all
other available information on statutory and regulatory
requirements affecting small entities.
"(c) Limitation on Judicial Review. - An agency's small entity
compliance guide shall not be subject to judicial review, except
that in any civil or administrative action against a small entity
for a violation occurring after the effective date of this section,
the content of the small entity compliance guide may be considered
as evidence of the reasonableness or appropriateness of any
proposed fines, penalties or damages.
"SEC. 213. INFORMAL SMALL ENTITY GUIDANCE.
"(a) General. - Whenever appropriate in the interest of
administering statutes and regulations within the jurisdiction of

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an agency which regulates small entities, it shall be the practice
of the agency to answer inquiries by small entities concerning
information on, and advice about, compliance with such statutes and
regulations, interpreting and applying the law to specific sets of
facts supplied by the small entity. In any civil or administrative
action against a small entity, guidance given by an agency applying
the law to facts provided by the small entity may be considered as
evidence of the reasonableness or appropriateness of any proposed
fines, penalties or damages sought against such small entity.
"(b) Program. - Each agency regulating the activities of small
entities shall establish a program for responding to such inquiries
no later than 1 year after enactment of this section [Mar. 29,
1996], utilizing existing functions and personnel of the agency to
the extent practicable.
"(c) Reporting. - Each agency regulating the activities of small
business shall report to the Committee on Small Business [now
Committee on Small Business and Entrepreneurship] and Committee on
Governmental Affairs [now Committee on Homeland Security and
Governmental Affairs] of the Senate and the Committee on Small
Business and Committee on the Judiciary of the House of
Representatives no later than 2 years after the date of the
enactment of this section on the scope of the agency's program, the
number of small entities using the program, and the achievements of
the program to assist small entity compliance with agency
regulations.
"SEC. 214. SERVICES OF SMALL BUSINESS DEVELOPMENT CENTERS.
"(a) [Amended section 648 of Title 15, Commerce and Trade.]

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"(b) Nothing in this Act [see Short Title of 1996 Amendment note,
above] in any way affects or limits the ability of other technical
assistance or extension programs to perform or continue to perform
services related to compliance assistance.
"SEC. 215. COOPERATION ON GUIDANCE.
"Agencies may, to the extent resources are available and where
appropriate, in cooperation with the States, develop guides that
fully integrate requirements of both Federal and State regulations
where regulations within an agency's area of interest at the
Federal and State levels impact small entities. Where regulations
vary among the States, separate guides may be created for separate
States in cooperation with State agencies.
"SEC. 216. EFFECTIVE DATE.
"This subtitle and the amendments made by this subtitle shall
take effect on the expiration of 90 days after the date of
enactment of this subtitle [Mar. 29, 1996].
"SUBTITLE B - REGULATORY ENFORCEMENT REFORMS
"SEC. 221. DEFINITIONS.
"For purposes of this subtitle "(1) the terms 'rule' and 'small entity' have the same meanings
as in section 601 of title 5, United States Code;
"(2) the term 'agency' has the same meaning as in section 551
of title 5, United States Code; and
"(3) the term 'small entity compliance guide' means a document
designated as such by an agency.
"SEC. 222. SMALL BUSINESS AND AGRICULTURE ENFORCEMENT OMBUDSMAN.
"[Enacted section 657 of Title 15, Commerce and Trade.]

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"SEC. 223. RIGHTS OF SMALL ENTITIES IN ENFORCEMENT ACTIONS.
"(a) In General. - Each agency regulating the activities of small
entities shall establish a policy or program within 1 year of
enactment of this section [Mar. 29, 1996] to provide for the
reduction, and under appropriate circumstances for the waiver, of
civil penalties for violations of a statutory or regulatory
requirement by a small entity. Under appropriate circumstances, an
agency may consider ability to pay in determining penalty
assessments on small entities.
"(b) Conditions and Exclusions. - Subject to the requirements or
limitations of other statutes, policies or programs established
under this section shall contain conditions or exclusions which may
include, but shall not be limited to "(1) requiring the small entity to correct the violation within
a reasonable correction period;
"(2) limiting the applicability to violations discovered
through participation by the small entity in a compliance
assistance or audit program operated or supported by the agency
or a State;
"(3) excluding small entities that have been subject to
multiple enforcement actions by the agency;
"(4) excluding violations involving willful or criminal
conduct;
"(5) excluding violations that pose serious health, safety or
environmental threats; and
"(6) requiring a good faith effort to comply with the law.
"(c) Reporting. - Agencies shall report to the Committee on Small

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Business [now Committee on Small Business and Entrepreneurship] and
Committee on Governmental Affairs [now Committee on Homeland
Security and Governmental Affairs] of the Senate and the Committee
on Small Business and Committee on Judiciary of the House of
Representatives no later than 2 years after the date of enactment
of this section [Mar. 29, 1996] on the scope of their program or
policy, the number of enforcement actions against small entities
that qualified or failed to qualify for the program or policy, and
the total amount of penalty reductions and waivers.
"SEC. 224. EFFECTIVE DATE.
"This subtitle and the amendments made by this subtitle shall
take effect on the expiration of 90 days after the date of
enactment of this subtitle [Mar. 29, 1996]."
EFFECTS OF DEREGULATION ON RURAL AMERICA
Pub. L. 101-574, title III, Sec. 309, Nov. 15, 1990, 104 Stat.
2831, provided that:
"(a) Study. - The Office of Technology Assessment shall conduct a
study of the effects of deregulation on the economic vitality of
rural areas. Such study shall include, but not be limited to, a
thorough analysis of the impact of deregulation on "(1) the number of loans made by financial institutions to
small businesses located in rural areas, a change in the level of
security interests required for such loans, and the cost of such
loans to rural small businesses for creation and expansion;
"(2) airline service in cities and towns with populations of
100,000 or less, including airline fare, the number of flights
available, number of seats available, scheduling of flights,

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continuity of service, number of markets being served by large
and small airlines, availability of nonstop service, availability
of direct service, number of economic cancellations, number of
flight delays, the types of airplanes used, and time delays;
"(3) the availability and costs of bus, rail and trucking
transportation for businesses located in rural areas;
"(4) the availability and costs of state-of-the-art
telecommunications services to small businesses located in rural
areas, including voice telephone service, private (not
multiparty) telephone service, reliable facsimile document and
data transmission, competitive long distance carriers, cellular
(mobile) telephone service, multifrequency tone signaling
services such as touchtone services, custom-calling services
(including three-way calling, call forwarding, and call waiting),
voicemail services, and 911 emergency services with automatic
number identification;
"(5) the availability and costs to rural schools, hospitals,
and other public facilities, of sending and receiving audio and
visual signals in cases where such ability will enhance the
quality of services provided to rural residents and businesses;
and
"(6) the availability and costs of services enumerated in
paragraphs (1) through (5) in urban areas compared to rural
areas.
"(b) Report. - Not later than 12 months after the date of
enactment of this title [Nov. 15, 1990], the Office of Technology
Assessment shall transmit to Congress a report on the results of

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the study conducted under subsection (a) together with its
recommendations on how to address the problems facing small
businesses in rural areas."
CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE
Section 2 of Pub. L. 96-354 provided that:
"(a) The Congress finds and declares that "(1) when adopting regulations to protect the health, safety
and economic welfare of the Nation, Federal agencies should seek
to achieve statutory goals as effectively and efficiently as
possible without imposing unnecessary burdens on the public;
"(2) laws and regulations designed for application to large
scale entities have been applied uniformly to small businesses,
small organizations, and small governmental jurisdictions even
though the problems that gave rise to government action may not
have been caused by those smaller entities;
"(3) uniform Federal regulatory and reporting requirements have
in numerous instances imposed unnecessary and disproportionately
burdensome demands including legal, accounting and consulting
costs upon small businesses, small organizations, and small
governmental jurisdictions with limited resources;
"(4) the failure to recognize differences in the scale and
resources of regulated entities has in numerous instances
adversely affected competition in the marketplace, discouraged
innovation and restricted improvements in productivity;
"(5) unnecessary regulations create entry barriers in many
industries and discourage potential entrepreneurs from
introducing beneficial products and processes;

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"(6) the practice of treating all regulated businesses,
organizations, and governmental jurisdictions as equivalent may
lead to inefficient use of regulatory agency resources,
enforcement problems, and, in some cases, to actions inconsistent
with the legislative intent of health, safety, environmental and
economic welfare legislation;
"(7) alternative regulatory approaches which do not conflict
with the stated objectives of applicable statutes may be
available which minimize the significant economic impact of rules
on small businesses, small organizations, and small governmental
jurisdictions;
"(8) the process by which Federal regulations are developed and
adopted should be reformed to require agencies to solicit the
ideas and comments of small businesses, small organizations, and
small governmental jurisdictions to examine the impact of
proposed and existing rules on such entities, and to review the
continued need for existing rules.
"(b) It is the purpose of this Act [enacting this chapter] to
establish as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of
applicable statutes, to fit regulatory and informational
requirements to the scale of the businesses, organizations, and
governmental jurisdictions subject to regulation. To achieve this
principle, agencies are required to solicit and consider flexible
regulatory proposals and to explain the rationale for their actions
to assure that such proposals are given serious consideration."
-EXEC-

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EXECUTIVE ORDER NO. 12291
Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, which
established requirements for agencies to follow in promulgating
regulations, reviewing existing regulations, and developing
legislative proposals concerning regulation, was revoked by Ex.
Ord. No. 12866, Sec. 11, Sept. 30, 1993, 58 F.R. 51735, set out
below.
EXECUTIVE ORDER NO. 12498
Ex. Ord. No. 12498, Jan. 4, 1985, 50 F.R. 1036, which established
a regulatory planning process by which to develop and publish a
regulatory program for each year, was revoked by Ex. Ord. No.
12866, Sec. 11, Sept. 30, 1993, 58 F.R. 51735, set out below.
EXECUTIVE ORDER NO. 12606
Ex. Ord. No. 12606, Sept. 2, 1987, 52 F.R. 34188, which provided
criteria for executive departments and agencies to follow in making
policies and regulations to ensure consideration of effect of those
policies and regulations on autonomy and rights of the family, was
revoked by Ex. Ord. No. 13045, Sec. 7, Apr. 21, 1997, 62 F.R.
19888, set out as a note under section 4321 of Title 42, The Public
Health and Welfare.
EXECUTIVE ORDER NO. 12612
Ex. Ord. No. 12612, Oct. 26, 1987, 52 F.R. 41685, which set out
fundamental federalism principles and policymaking criteria for
executive departments and agencies to follow in formulating and
implementing policies and limited the instances when executive
departments and agencies could construe a Federal statute to

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preempt State law, was revoked by Ex. Ord. No. 13132, Sec. 10(b),
Aug. 4, 1999, 64 F.R. 43259, set out below.
EX. ORD. NO. 12630. GOVERNMENTAL ACTIONS AND INTERFERENCE WITH
CONSTITUTIONALLY PROTECTED PROPERTY RIGHTS
Ex. Ord. No. 12630, Mar. 15, 1988, 53 F.R. 8859, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, and in order to ensure
that government actions are undertaken on a well-reasoned basis
with due regard for fiscal accountability, for the financial impact
of the obligations imposed on the Federal government by the Just
Compensation Clause of the Fifth Amendment, and for the
Constitution, it is hereby ordered as follows:
Section 1. Purpose. (a) The Fifth Amendment of the United States
Constitution provides that private property shall not be taken for
public use without just compensation. Government historically has
used the formal exercise of the power of eminent domain, which
provides orderly processes for paying just compensation, to acquire
private property for public use. Recent Supreme Court decisions,
however, in reaffirming the fundamental protection of private
property rights provided by the Fifth Amendment and in assessing
the nature of governmental actions that have an impact on
constitutionally protected property rights, have also reaffirmed
that governmental actions that do not formally invoke the
condemnation power, including regulations, may result in a taking
for which just compensation is required.
(b) Responsible fiscal management and fundamental principles of
good government require that government decision-makers evaluate

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carefully the effect of their administrative, regulatory, and
legislative actions on constitutionally protected property rights.
Executive departments and agencies should review their actions
carefully to prevent unnecessary takings and should account in
decision-making for those takings that are necessitated by
statutory mandate.
(c) The purpose of this Order is to assist Federal departments
and agencies in undertaking such reviews and in proposing,
planning, and implementing actions with due regard for the
constitutional protections provided by the Fifth Amendment and to
reduce the risk of undue or inadvertent burdens on the public fisc
resulting from lawful governmental action. In furtherance of the
purpose of this Order, the Attorney General shall, consistent with
the principles stated herein and in consultation with the Executive
departments and agencies, promulgate Guidelines for the Evaluation
of Risk and Avoidance of Unanticipated Takings to which each
Executive department or agency shall refer in making the
evaluations required by this Order or in otherwise taking any
action that is the subject of this Order. The Guidelines shall be
promulgated no later than May 1, 1988, and shall be disseminated to
all units of each Executive department and agency no later than
July 1, 1988. The Attorney General shall, as necessary, update
these guidelines to reflect fundamental changes in takings law
occurring as a result of Supreme Court decisions.
Sec. 2. Definitions. For the purpose of this Order: (a) "Policies
that have takings implications" refers to Federal regulations,
proposed Federal regulations, proposed Federal legislation,

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comments on proposed Federal legislation, or other Federal policy
statements that, if implemented or enacted, could effect a taking,
such as rules and regulations that propose or implement licensing,
permitting, or other condition requirements or limitations on
private property use, or that require dedications or exactions from
owners of private property. "Policies that have takings
implications" does not include:
(1) Actions abolishing regulations, discontinuing governmental
programs, or modifying regulations in a manner that lessens
interference with the use of private property;
(2) Actions taken with respect to properties held in trust by the
United States or in preparation for or during treaty negotiations
with foreign nations;
(3) Law enforcement actions involving seizure, for violations of
law, of property for forfeiture or as evidence in criminal
proceedings;
(4) Studies or similar efforts or planning activities;
(5) Communications between Federal agencies or departments and
State or local land-use planning agencies regarding planned or
proposed State or local actions regulating private property
regardless of whether such communications are initiated by a
Federal agency or department or are undertaken in response to an
invitation by the State or local authority;
(6) The placement of military facilities or military activities
involving the use of Federal property alone; or
(7) Any military or foreign affairs functions (including
procurement functions thereunder) but not including the U.S. Army

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Corps of Engineers civil works program.
(b) Private property refers to all property protected by the Just
Compensation Clause of the Fifth Amendment.
(c) "Actions" refers to proposed Federal regulations, proposed
Federal legislation, comments on proposed Federal legislation,
applications of Federal regulations to specific property, or
Federal governmental actions physically invading or occupying
private property, or other policy statements or actions related to
Federal regulation or direct physical invasion or occupancy, but
does not include:
(1) Actions in which the power of eminent domain is formally
exercised;
(2) Actions taken with respect to properties held in trust by the
United States or in preparation for or during treaty negotiations
with foreign nations;
(3) Law enforcement actions involving seizure, for violations of
law, of property for forfeiture or as evidence in criminal
proceedings;
(4) Studies or similar efforts or planning activities;
(5) Communications between Federal agencies or departments and
State or local land-use planning agencies regarding planned or
proposed State or local actions regulating private property
regardless of whether such communications are initiated by a
Federal agency or department or are undertaken in response to an
invitation by the State or local authority;
(6) The placement of military facilities or military activities
involving the use of Federal property alone; or

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(7) Any military or foreign affairs functions (including
procurement functions thereunder), but not including the U.S. Army
Corps of Engineers civil works program.
Sec. 3. General Principles. In formulating or implementing
policies that have takings implications, each Executive department
and agency shall be guided by the following general principles:
(a) Governmental officials should be sensitive to, anticipate,
and account for, the obligations imposed by the Just Compensation
Clause of the Fifth Amendment in planning and carrying out
governmental actions so that they do not result in the imposition
of unanticipated or undue additional burdens on the public fisc.
(b) Actions undertaken by governmental officials that result in a
physical invasion or occupancy of private property, and regulations
imposed on private property that substantially affect its value or
use, may constitute a taking of property. Further, governmental
action may amount to a taking even though the action results in
less than a complete deprivation of all use or value, or of all
separate and distinct interests in the same private property and
even if the action constituting a taking is temporary in nature.
(c) Government officials whose actions are taken specifically for
purposes of protecting public health and safety are ordinarily
given broader latitude by courts before their actions are
considered to be takings. However, the mere assertion of a public
health and safety purpose is insufficient to avoid a taking.
Actions to which this Order applies asserted to be for the
protection of public health and safety, therefore, should be
undertaken only in response to real and substantial threats to

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public health and safety, be designed to advance significantly the
health and safety purpose, and be no greater than is necessary to
achieve the health and safety purpose.
(d) While normal governmental processes do not ordinarily effect
takings, undue delays in decision-making during which private
property use if interfered with carry a risk of being held to be
takings. Additionally, a delay in processing may increase
significantly the size of compensation due if a taking is later
found to have occurred.
(e) The Just Compensation Clause is self-actuating, requiring
that compensation be paid whenever governmental action results in a
taking of private property regardless of whether the underlying
authority for the action contemplated a taking or authorized the
payment of compensation. Accordingly, governmental actions that may
have a significant impact on the use or value of private property
should be scrutinized to avoid undue or unplanned burdens on the
public fisc.
Sec. 4. Department and Agency Action. In addition to the
fundamental principles set forth in Section 3, Executive
departments and agencies shall adhere, to the extent permitted by
law, to the following criteria when implementing policies that have
takings implications:
(a) When an Executive department or agency requires a private
party to obtain a permit in order to undertake a specific use of,
or action with respect to, private property, any conditions imposed
on the granting of a permit shall:
(1) Serve the same purpose that would have been served by a

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prohibition of the use or action; and
(2) Substantially advance that purpose.
(b) When a proposed action would place a restriction on a use of
private property, the restriction imposed on the use shall not be
disproportionate to the extent to which the use contributes to the
overall problem that the restriction is imposed to redress.
(c) When a proposed action involves a permitting process or any
other decision-making process that will interfere with, or
otherwise prohibit, the use of private property pending the
completion of the process, the duration of the process shall be
kept to the minimum necessary.
(d) Before undertaking any proposed action regulating private
property use for the protection of public health or safety, the
Executive department or agency involved shall, in internal
deliberative documents and any submissions to the Director of the
Office of Management and Budget that are required:
(1) Identify clearly, with as much specificity as possible, the
public health or safety risk created by the private property use
that is the subject of the proposed action;
(2) Establish that such proposed action substantially advances
the purpose of protecting public health and safety against the
specifically identified risk;
(3) Establish to the extent possible that the restrictions
imposed on the private property are not disproportionate to the
extent to which the use contributes to the overall risk; and
(4) Estimate, to the extent possible, the potential cost to the
government in the event that a court later determines that the

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action constituted a taking.
In instances in which there is an immediate threat to health and
safety that constitutes an emergency requiring immediate response,
this analysis may be done upon completion of the emergency action.
Sec. 5. Executive Department and Agency Implementation. (a) The
head of each Executive department and agency shall designate an
official to be responsible for ensuring compliance with this Order
with respect to the actions of the department or agency.
(b) Executive departments and agencies shall, to the extent
permitted by law, identify the takings implications of proposed
regulatory actions and address the merits of those actions in light
of the identified takings implications, if any, in all required
submissions made to the Office of Management and Budget.
Significant takings implications should also be identified and
discussed in notices of proposed rule-making and messages
transmitting legislative proposals to the Congress stating the
departments' and agencies' conclusions on the takings issues.
(c) Executive departments and agencies shall identify each
existing Federal rule and regulation against which a takings award
has been made or against which a takings claim is pending including
the amount of each claim or award. A "takings" award has been made
or a "takings" claim pending if the award was made, or the pending
claim brought, pursuant to the Just Compensation Clause of the
Fifth Amendment. An itemized compilation of all such awards made in
Fiscal Years 1985, 1986, and 1987 and all such pending claims shall
be submitted to the Director, Office of Management and Budget, on
or before May 16, 1988.

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(d) Each Executive department and agency shall submit annually to
the Director, Office of Management and Budget, and to the Attorney
General an itemized compilation of all awards of just compensation
entered against the United States for takings, including awards of
interest as well as monies paid pursuant to the provisions of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, 42 U.S.C. 4601.
(e)(1) The Director, Office of Management and Budget, and the
Attorney General shall each, to the extent permitted by law, take
action to ensure that the policies of the Executive departments and
agencies are consistent with the principles, criteria, and
requirements stated in Sections 1 through 5 of this Order, and the
Office of Management and Budget shall take action to ensure that
all takings awards levied against agencies are properly accounted
for in agency budget submissions.
(2) In addition to the guidelines required by Section 1 of this
Order, the Attorney General shall, in consultation with each
Executive department and agency to which this Order applies,
promulgate such supplemental guidelines as may be appropriate to
the specific obligations of that department or agency.
Sec. 6. Judicial Review. This Order is intended only to improve
the internal management of the Executive branch and is not intended
to create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
Ronald Reagan.
EX. ORD. NO. 12861. ELIMINATION OF ONE-HALF OF EXECUTIVE BRANCH

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INTERNAL REGULATIONS
Ex. Ord. No. 12861, Sept. 11, 1993, 58 F.R. 48255, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 301
of title 3, United States Code, and section 1111 of title 31,
United States Code, and to cut 50 percent of the executive branch's
internal regulations in order to streamline and improve customer
service to the American people, it is hereby ordered as follows:
Section 1. Regulatory Reductions. Each executive department and
agency shall undertake to eliminate not less than 50 percent of its
civilian internal management regulations that are not required by
law within 3 years of the effective date of this order. An agency
internal management regulation, for the purposes of this order,
means an agency directive or regulation that pertains to its
organization, management, or personnel matters. Reductions in
agency internal management regulations shall be concentrated in
areas that will result in the greatest improvement in productivity,
streamlining of operations, and improvement in customer service.
Sec. 2. Coverage. This order applies to all executive branch
departments and agencies.
Sec. 3. Implementation. The Director of the Office of Management
and Budget shall issue instructions regarding the implementation of
this order, including exemptions necessary for the delivery of
essential services and compliance with applicable law.
Sec. 4. Independent Agencies. All independent regulatory
commissions and agencies are requested to comply with the
provisions of this order.

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William J. Clinton.
EX. ORD. NO. 12866. REGULATORY PLANNING AND REVIEW
Ex. Ord. No. 12866, Sept. 30, 1993, 58 F.R. 51735, as amended by
Ex. Ord. No. 13258, Feb. 26, 2002, 67 F.R. 9385; Ex. Ord. No.
13422, Jan. 18, 2007, 72 F.R. 2763; Ex. Ord. No. 13497, Sec. 1,
Jan. 30, 2009, 74 F.R. 6113, provided:
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 decisionmaking 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.

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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 wellbeing 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

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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 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

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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

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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.
(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

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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

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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 nondefense 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

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(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 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'

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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 [former] 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

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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
(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.

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(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 interagency 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

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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

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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: (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.

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(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

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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 [see Short
Title note preceding section 551 of this title], the Regulatory
Flexibility Act [5 U.S.C. 601 et seq.], the Paperwork Reduction Act
[44 U.S.C. 3501 et seq.], 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 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

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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

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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:

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(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
(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;

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(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;

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(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.
(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

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(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

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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

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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.
[Section 1 of Ex. Ord. No. 13497, which revoked Ex. Ords. 13258
and 13422, was executed by undoing the amendments by those Ex.
Ords. to Ex. Ord. 12866, set out above.]

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EXECUTIVE ORDER NO. 12875
Ex. Ord. No. 12875, Oct. 26, 1993, 58 F.R. 58093, which provided
for the reduction of unfunded mandates on State, local, or tribal
governments and increased flexibility for State and local waivers
of statutory or regulatory requirements, was revoked by Ex. Ord.
No. 13132, Sec. 10(b), Aug. 4, 1999, 64 F.R. 43259, set out below.
EXECUTIVE ORDER NO. 13083
Ex. Ord. No. 13083, May 14, 1998, 63 F.R. 27651, which listed
fundamental federalism principles and federalism policymaking
criteria to guide agencies in formulating and implementing policies
and required agencies to have a process to permit State and local
governments to provide input into the development of regulatory
policies that have federalism implications and to streamline the
State and local government waiver process, was revoked by Ex. Ord.
No. 13132, Sec. 10(b), Aug. 4, 1999, 64 F.R. 43259, set out below.
EXECUTIVE ORDER NO. 13095
Ex. Ord. No. 13095, Aug. 5, 1998, 63 F.R. 42565, which suspended
Ex. Ord. No. 13083, was revoked by Ex. Ord. No. 13132, Sec. 10(b),
Aug. 4, 1999, 64 F.R. 43259, set out below.
EX. ORD. NO. 13107. IMPLEMENTATION OF HUMAN RIGHTS TREATIES
Ex. Ord. No. 13107, Dec. 10, 1998, 63 F.R. 68991, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and bearing in mind
the obligations of the United States pursuant to the International
Covenant on Civil and Political Rights (ICCPR), the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or

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Punishment (CAT), the Convention on the Elimination of All Forms of
Racial Discrimination (CERD), and other relevant treaties concerned
with the protection and promotion of human rights to which the
United States is now or may become a party in the future, it is
hereby ordered as follows:
Section 1. Implementation of Human Rights Obligations. (a) It
shall be the policy and practice of the Government of the United
States, being committed to the protection and promotion of human
rights and fundamental freedoms, fully to respect and implement its
obligations under the international human rights treaties to which
it is a party, including the ICCPR, the CAT, and the CERD.
(b) It shall also be the policy and practice of the Government of
the United States to promote respect for international human
rights, both in our relationships with all other countries and by
working with and strengthening the various international mechanisms
for the promotion of human rights, including, inter alia, those of
the United Nations, the International Labor Organization, and the
Organization of American States.
Sec. 2. Responsibility of Executive Departments and Agencies. (a)
All executive departments and agencies (as defined in 5 U.S.C. 101105, including boards and commissions, and hereinafter referred to
collectively as "agency" or "agencies") shall maintain a current
awareness of United States international human rights obligations
that are relevant to their functions and shall perform such
functions so as to respect and implement those obligations fully.
The head of each agency shall designate a single contact officer
who will be responsible for overall coordination of the

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implementation of this order. Under this order, all such agencies
shall retain their established institutional roles in the
implementation, interpretation, and enforcement of Federal law and
policy.
(b) The heads of agencies shall have lead responsibility, in
coordination with other appropriate agencies, for questions
concerning implementation of human rights obligations that fall
within their respective operating and program responsibilities and
authorities or, to the extent that matters do not fall within the
operating and program responsibilities and authorities of any
agency, that most closely relate to their general areas of concern.
Sec. 3. Human Rights Inquiries and Complaints. Each agency shall
take lead responsibility, in coordination with other appropriate
agencies, for responding to inquiries, requests for information,
and complaints about violations of human rights obligations that
fall within its areas of responsibility or, if the matter does not
fall within its areas of responsibility, referring it to the
appropriate agency for response.
Sec. 4. Interagency Working Group on Human Rights Treaties. (a)
There is hereby established an Interagency Working Group on Human
Rights Treaties for the purpose of providing guidance, oversight,
and coordination with respect to questions concerning the adherence
to and implementation of human rights obligations and related
matters.
(b) The designee of the Assistant to the President for National
Security Affairs shall chair the Interagency Working Group, which
shall consist of appropriate policy and legal representatives at

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the Assistant Secretary level from the Department of State, the
Department of Justice, the Department of Labor, the Department of
Defense, the Joint Chiefs of Staff, and other agencies as the chair
deems appropriate. The principal members may designate alternates
to attend meetings in their stead.
(c) The principal functions of the Interagency Working Group
shall include:
(i) coordinating the interagency review of any significant issues
concerning the implementation of this order and analysis and
recommendations in connection with pursuing the ratification of
human rights treaties, as such questions may from time to time
arise;
(ii) coordinating the preparation of reports that are to be
submitted by the United States in fulfillment of treaty
obligations;
(iii) coordinating the responses of the United States Government
to complaints against it concerning alleged human rights violations
submitted to the United Nations, the Organization of American
States, and other international organizations;
(iv) developing effective mechanisms to ensure that legislation
proposed by the Administration is reviewed for conformity with
international human rights obligations and that these obligations
are taken into account in reviewing legislation under consideration
by the Congress as well;
(v) developing recommended proposals and mechanisms for improving
the monitoring of the actions by the various States, Commonwealths,
and territories of the United States and, where appropriate, of

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Native Americans and Federally recognized Indian tribes, including
the review of State, Commonwealth, and territorial laws for their
conformity with relevant treaties, the provision of relevant
information for reports and other monitoring purposes, and the
promotion of effective remedial mechanisms;
(vi) developing plans for public outreach and education
concerning the provisions of the ICCPR, CAT, CERD, and other
relevant treaties, and human rights-related provisions of domestic
law;
(vii) coordinating and directing an annual review of United
States reservations, declarations, and understandings to human
rights treaties, and matters as to which there have been nontrivial
complaints or allegations of inconsistency with or breach of
international human rights obligations, in order to determine
whether there should be consideration of any modification of
relevant reservations, declarations, and understandings to human
rights treaties, or United States practices or laws. The results
and recommendations of this review shall be reviewed by the head of
each participating agency;
(viii) making such other recommendations as it shall deem
appropriate to the President, through the Assistant to the
President for National Security Affairs, concerning United States
adherence to or implementation of human rights treaties and related
matters; and
(ix) coordinating such other significant tasks in connection with
human rights treaties or international human rights institutions,
including the Inter-American Commission on Human Rights and the

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Special Rapporteurs and complaints procedures established by the
United Nations Human Rights Commission.
(d) The work of the Interagency Working Group shall not supplant
the work of other interagency entities, including the President's
Committee on the International Labor Organization, that address
international human rights issues.
Sec. 5. Cooperation Among Executive Departments and Agencies. All
agencies shall cooperate in carrying out the provisions of this
order. The Interagency Working Group shall facilitate such
cooperative measures.
Sec. 6. Judicial Review, Scope, and Administration. (a) Nothing
in this order shall create any right or benefit, substantive or
procedural, enforceable by any party against the United States, its
agencies or instrumentalities, its officers or employees, or any
other person.
(b) This order does not supersede Federal statutes and does not
impose any justiciable obligations on the executive branch.
(c) The term "treaty obligations" shall mean treaty obligations
as approved by the Senate pursuant to Article II, section 2, clause
2 of the United States Constitution.
(d) To the maximum extent practicable and subject to the
availability of appropriations, agencies shall carry out the
provisions of this order.
William J. Clinton.
EX. ORD. NO. 13132. FEDERALISM
Ex. Ord. No. 13132, Aug. 4, 1999, 64 F.R. 43255, provided:
By the authority vested in me as President by the Constitution

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and the laws of the United States of America, and in order to
guarantee the division of governmental responsibilities between the
national government and the States that was intended by the Framers
of the Constitution, to ensure that the principles of federalism
established by the Framers guide the executive departments and
agencies in the formulation and implementation of policies, and to
further the policies of the Unfunded Mandates Reform Act [of 1995,
Pub. L. 104-4, see Tables for classification], it is hereby ordered
as follows:
Section 1. Definitions. For purposes of this order:
(a) "Policies that have federalism implications" refers to
regulations, legislative comments or proposed legislation, and
other policy statements or actions that have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
(b) "State" or "States" refer to the States of the United States
of America, individually or collectively, and, where relevant, to
State governments, including units of local government and other
political subdivisions established by the States.
(c) "Agency" 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(5).
(d) "State and local officials" means elected officials of State
and local governments or their representative national
organizations.
Sec. 2. Fundamental Federalism Principles. In formulating and

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implementing policies that have federalism implications, agencies
shall be guided by the following fundamental federalism principles:
(a) Federalism is rooted in the belief that issues that are not
national in scope or significance are most appropriately addressed
by the level of government closest to the people.
(b) The people of the States created the national government and
delegated to it enumerated governmental powers. All other sovereign
powers, save those expressly prohibited the States by the
Constitution, are reserved to the States or to the people.
(c) The constitutional relationship among sovereign governments,
State and national, is inherent in the very structure of the
Constitution and is formalized in and protected by the Tenth
Amendment to the Constitution.
(d) The people of the States are free, subject only to
restrictions in the Constitution itself or in constitutionally
authorized Acts of Congress, to define the moral, political, and
legal character of their lives.
(e) The Framers recognized that the States possess unique
authorities, qualities, and abilities to meet the needs of the
people and should function as laboratories of democracy.
(f) The nature of our constitutional system encourages a healthy
diversity in the public policies adopted by the people of the
several States according to their own conditions, needs, and
desires. In the search for enlightened public policy, individual
States and communities are free to experiment with a variety of
approaches to public issues. One-size-fits-all approaches to public
policy problems can inhibit the creation of effective solutions to

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those problems.
(g) Acts of the national government - whether legislative,
executive, or judicial in nature - that exceed the enumerated
powers of that government under the Constitution violate the
principle of federalism established by the Framers.
(h) Policies of the national government should recognize the
responsibility of - and should encourage opportunities for individuals, families, neighborhoods, local governments, and
private associations to achieve their personal, social, and
economic objectives through cooperative effort.
(i) The national government should be deferential to the States
when taking action that affects the policymaking discretion of the
States and should act only with the greatest caution where State or
local governments have identified uncertainties regarding the
constitutional or statutory authority of the national government.
Sec. 3. Federalism Policymaking Criteria. In addition to adhering
to the fundamental federalism principles set forth in section 2,
agencies shall adhere, to the extent permitted by law, to the
following criteria when formulating and implementing policies that
have federalism implications:
(a) There shall be strict adherence to constitutional principles.
Agencies shall closely examine the constitutional and statutory
authority supporting any action that would limit the policymaking
discretion of the States and shall carefully assess the necessity
for such action. To the extent practicable, State and local
officials shall be consulted before any such action is implemented.
Executive Order 12372 of July 14, 1982 ("Intergovernmental Review

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of Federal Programs") [31 U.S.C. 6506 note] remains in effect for
the programs and activities to which it is applicable.
(b) National action limiting the policymaking discretion of the
States shall be taken only where there is constitutional and
statutory authority for the action and the national activity is
appropriate in light of the presence of a problem of national
significance. Where there are significant uncertainties as to
whether national action is authorized or appropriate, agencies
shall consult with appropriate State and local officials to
determine whether Federal objectives can be attained by other
means.
(c) With respect to Federal statutes and regulations administered
by the States, the national government shall grant the States the
maximum administrative discretion possible. Intrusive Federal
oversight of State administration is neither necessary nor
desirable.
(d) When undertaking to formulate and implement policies that
have federalism implications, agencies shall:
(1) encourage States to develop their own policies to achieve
program objectives and to work with appropriate officials in
other States;
(2) where possible, defer to the States to establish standards;
(3) in determining whether to establish uniform national
standards, consult with appropriate State and local officials as
to the need for national standards and any alternatives that
would limit the scope of national standards or otherwise preserve
State prerogatives and authority; and

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(4) where national standards are required by Federal statutes,
consult with appropriate State and local officials in developing
those standards.
Sec. 4. Special Requirements for Preemption. Agencies, in taking
action that preempts State law, shall act in strict accordance with
governing law.
(a) Agencies shall construe, in regulations and otherwise, a
Federal statute to preempt State law only where the statute
contains an express preemption provision or there is some other
clear evidence that the Congress intended preemption of State law,
or where the exercise of State authority conflicts with the
exercise of Federal authority under the Federal statute.
(b) Where a Federal statute does not preempt State law (as
addressed in subsection (a) of this section), agencies shall
construe any authorization in the statute for the issuance of
regulations as authorizing preemption of State law by rulemaking
only when the exercise of State authority directly conflicts with
the exercise of Federal authority under the Federal statute or
there is clear evidence to conclude that the Congress intended the
agency to have the authority to preempt State law.
(c) Any regulatory preemption of State law shall be restricted to
the minimum level necessary to achieve the objectives of the
statute pursuant to which the regulations are promulgated.
(d) When an agency foresees the possibility of a conflict between
State law and Federally protected interests within its area of
regulatory responsibility, the agency shall consult, to the extent
practicable, with appropriate State and local officials in an

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effort to avoid such a conflict.
(e) When an agency proposes to act through adjudication or
rulemaking to preempt State law, the agency shall provide all
affected State and local officials notice and an opportunity for
appropriate participation in the proceedings.
Sec. 5. Special Requirements for Legislative Proposals. Agencies
shall not submit to the Congress legislation that would:
(a) directly regulate the States in ways that would either
interfere with functions essential to the States' separate and
independent existence or be inconsistent with the fundamental
federalism principles in section 2;
(b) attach to Federal grants conditions that are not reasonably
related to the purpose of the grant; or
(c) preempt State law, unless preemption is consistent with the
fundamental federalism principles set forth in section 2, and
unless a clearly legitimate national purpose, consistent with the
federalism policymaking criteria set forth in section 3, cannot
otherwise be met.
Sec. 6. Consultation.
(a) Each agency shall have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism
implications. Within 90 days after the effective date of this
order, the head of each agency shall designate an official with
principal responsibility for the agency's implementation of this
order and that designated official shall submit to the Office of
Management and Budget a description of the agency's consultation

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process.
(b) To the extent practicable and permitted by law, no agency
shall promulgate any regulation that has federalism implications,
that imposes substantial direct compliance costs on State and local
governments, and that is not required by statute, unless:
(1) funds necessary to pay the direct costs incurred by the
State and local governments in complying with the regulation are
provided by the Federal Government; or
(2) the agency, prior to the formal promulgation of the
regulation,
(A) consulted with State and local officials early in the
process of developing the proposed regulation;
(B) in a separately identified portion of the preamble to the
regulation as it is to be issued in the Federal Register,
provides to the Director of the Office of Management and Budget
a federalism summary impact statement, which consists of a
description of the extent of the agency's prior consultation
with State and local officials, a summary of the nature of
their concerns and the agency's position supporting the need to
issue the regulation, and a statement of the extent to which
the concerns of State and local officials have been met; and
(C) makes available to the Director of the Office of
Management and Budget any written communications submitted to
the agency by State and local officials.
(c) To the extent practicable and permitted by law, no agency
shall promulgate any regulation that has federalism implications
and that preempts State law, unless the agency, prior to the formal

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promulgation of the regulation,
(1) consulted with State and local officials early in the
process of developing the proposed regulation;
(2) in a separately identified portion of the preamble to the
regulation as it is to be issued in the Federal Register,
provides to the Director of the Office of Management and Budget a
federalism summary impact statement, which consists of a
description of the extent of the agency's prior consultation with
State and local officials, a summary of the nature of their
concerns and the agency's position supporting the need to issue
the regulation, and a statement of the extent to which the
concerns of State and local officials have been met; and
(3) makes available to the Director of the Office of Management
and Budget any written communications submitted to the agency by
State and local officials.
Sec. 7. Increasing Flexibility for State and Local Waivers.
(a) Agencies shall review the processes under which State and
local governments apply for waivers of statutory and regulatory
requirements and take appropriate steps to streamline those
processes.
(b) Each agency shall, to the extent practicable and permitted by
law, consider any application by a State for a waiver of statutory
or regulatory requirements in connection with any program
administered by that agency with a general view toward increasing
opportunities for utilizing flexible policy approaches at the State
or local level in cases in which the proposed waiver is consistent
with applicable Federal policy objectives and is otherwise

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appropriate.
(c) Each agency shall, to the extent practicable and permitted by
law, render a decision upon a complete application for a waiver
within 120 days of receipt of such application by the agency. If
the application for a waiver is not granted, the agency shall
provide the applicant with timely written notice of the decision
and the reasons therefor.
(d) This section applies only to statutory or regulatory
requirements that are discretionary and subject to waiver by the
agency.
Sec. 8. Accountability.
(a) In transmitting any draft final regulation that has
federalism implications to the Office of Management and Budget
pursuant to Executive Order 12866 of September 30, 1993 [set out
above], each agency shall include a certification from the official
designated to ensure compliance with this order stating that the
requirements of this order have been met in a meaningful and timely
manner.
(b) In transmitting proposed legislation that has federalism
implications to the Office of Management and Budget, each agency
shall include a certification from the official designated to
ensure compliance with this order that all relevant requirements of
this order have been met.
(c) Within 180 days after the effective date of this order, the
Director of the Office of Management and Budget and the Assistant
to the President for Intergovernmental Affairs shall confer with
State and local officials to ensure that this order is being

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properly and effectively implemented.
Sec. 9. Independent Agencies. Independent regulatory agencies are
encouraged to comply with the provisions of this order.
Sec. 10. General Provisions.
(a) This order shall supplement but not supersede the
requirements contained in Executive Order 12372 ("Intergovernmental
Review of Federal Programs") [31 U.S.C. 6506 note], Executive Order
12866 ("Regulatory Planning and Review") [set out above], Executive
Order 12988 ("Civil Justice Reform" [28 U.S.C. 519 note]), and OMB
Circular A-19.
(b) Executive Order 12612 ("Federalism"), Executive Order 12875
("Enhancing the Intergovernmental Partnership"), Executive Order
13083 ("Federalism"), and Executive Order 13095 ("Suspension of
Executive Order 13083") are revoked.
(c) This order shall be effective 90 days after the date of this
order.
Sec. 11. Judicial Review. This order is intended only to improve
the internal management of the executive branch, and is not
intended to create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
William J. Clinton.
EX. ORD. NO. 13198. AGENCY RESPONSIBILITIES WITH RESPECT TO
FAITH-BASED AND COMMUNITY INITIATIVES
Ex. Ord. No. 13198, Jan. 29, 2001, 66 F.R. 8497, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to help

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the Federal Government coordinate a national effort to expand
opportunities for faith-based and other community organizations and
to strengthen their capacity to better meet social needs in
America's communities, it is hereby ordered as follows:
Section 1. Establishment of Executive Department Centers for
Faith-Based and Community Initiatives. (a) The Attorney General,
the Secretary of Education, the Secretary of Labor, the Secretary
of Health and Human Services, and the Secretary of Housing and
Urban Development shall each establish within their respective
departments a Center for Faith-Based and Community Initiatives
(Center).
(b) Each executive department Center shall be supervised by a
Director, appointed by the department head in consultation with the
White House Office of Faith-Based and Community Initiatives (White
House OFBCI).
(c) Each department shall provide its Center with appropriate
staff, administrative support, and other resources to meet its
responsibilities under this order.
(d) Each department's Center shall begin operations no later than
45 days from the date of this order.
Sec. 2. Purpose of Executive Department Centers for Faith-Based
and Community Initiatives. The purpose of the executive department
Centers will be to coordinate department efforts to eliminate
regulatory, contracting, and other programmatic obstacles to the
participation of faith-based and other community organizations in
the provision of social services.
Sec. 3. Responsibilities of Executive Department Centers for

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Faith-Based and Community Initiatives. Each Center shall, to the
extent permitted by law: (a) conduct, in coordination with the
White House OFBCI, a department-wide audit to identify all existing
barriers to the participation of faith-based and other community
organizations in the delivery of social services by the department,
including but not limited to regulations, rules, orders,
procurement, and other internal policies and practices, and
outreach activities that either facially discriminate against or
otherwise discourage or disadvantage the participation of faithbased and other community organizations in Federal programs;
(b) coordinate a comprehensive departmental effort to incorporate
faith-based and other community organizations in department
programs and initiatives to the greatest extent possible;
(c) propose initiatives to remove barriers identified pursuant to
section 3(a) of this order, including but not limited to reform of
regulations, procurement, and other internal policies and
practices, and outreach activities;
(d) propose the development of innovative pilot and demonstration
programs to increase the participation of faith-based and other
community organizations in Federal as well as State and local
initiatives; and
(e) develop and coordinate department outreach efforts to
disseminate information more effectively to faith-based and other
community organizations with respect to programming changes,
contracting opportunities, and other department initiatives,
including but not limited to Web and Internet resources.
Sec. 4. Additional Responsibilities of the Department of Health

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and Human Services and the Department of Labor Centers. In addition
to those responsibilities described in section 3 of this order, the
Department of Health and Human Services and the Department of Labor
Centers shall, to the extent permitted by law: (a) conduct a
comprehensive review of policies and practices affecting existing
funding streams governed by so-called "Charitable Choice"
legislation to assess the department's compliance with the
requirements of Charitable Choice; and (b) promote and ensure
compliance with existing Charitable Choice legislation by the
department, as well as its partners in State and local government,
and their contractors.
Sec. 5. Reporting Requirements. (a) Report. Not later than 180
days after the date of this order and annually thereafter, each of
the five executive department Centers described in section 1 of
this order shall prepare and submit a report to the White House
OFBCI.
(b) Contents. The report shall include a description of the
department's efforts in carrying out its responsibilities under
this order, including but not limited to:
(1) a comprehensive analysis of the barriers to the full
participation of faith-based and other community organizations in
the delivery of social services identified pursuant to section
3(a) of this order and the proposed strategies to eliminate those
barriers; and
(2) a summary of the technical assistance and other information
that will be available to faith-based and other community
organizations regarding the program activities of the department

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and the preparation of applications or proposals for grants,
cooperative agreements, contracts, and procurement.
(c) Performance Indicators. The first report, filed 180 days
after the date of this order, shall include annual performance
indicators and measurable objectives for department action. Each
report filed thereafter shall measure the department's performance
against the objectives set forth in the initial report.
Sec. 6. Responsibilities of All Executive Departments and
Agencies. All executive departments and agencies (agencies) shall:
(a) designate an agency employee to serve as the liaison and point
of contact with the White House OFBCI; and
(b) cooperate with the White House OFBCI and provide such
information, support, and assistance to the White House OFBCI as it
may request, to the extent permitted by law.
Sec. 7. Administration and Judicial Review. (a) The agencies'
actions directed by this Executive Order shall be carried out
subject to the availability of appropriations and to the extent
permitted by law.
(b) This order does not create any right or benefit, substantive
or procedural, enforceable at law or equity against the United
States, its agencies or instrumentalities, its officers or
employees, or any other person.
George W. Bush.
EX. ORD. NO. 13272. PROPER CONSIDERATION OF SMALL ENTITIES IN
AGENCY RULEMAKING
Ex. Ord. No. 13272, Aug. 13, 2002, 67 F.R. 53461, provided:
By the authority vested in me as President by the Constitution

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and the laws of the United States of America, it is hereby ordered
as follows:
Section 1. General Requirements. Each agency shall establish
procedures and policies to promote compliance with the Regulatory
Flexibility Act, as amended (5 U.S.C. 601 et seq.) (the "Act").
Agencies shall thoroughly review draft rules to assess and take
appropriate account of the potential impact on small businesses,
small governmental jurisdictions, and small organizations, as
provided by the Act. The Chief Counsel for Advocacy of the Small
Business Administration (Advocacy) shall remain available to advise
agencies in performing that review consistent with the provisions
of the Act.
Sec. 2. Responsibilities of Advocacy. Consistent with the
requirements of the Act, other applicable law, and Executive Order
12866 of September 30, 1993, as amended [set out above], Advocacy:
(a) shall notify agency heads from time to time of the
requirements of the Act, including by issuing notifications with
respect to the basic requirements of the Act within 90 days of the
date of this order;
(b) shall provide training to agencies on compliance with the
Act; and
(c) may provide comment on draft rules to the agency that has
proposed or intends to propose the rules and to the Office of
Information and Regulatory Affairs of the Office of Management and
Budget (OIRA).
Sec. 3. Responsibilities of Federal Agencies. Consistent with the
requirements of the Act and applicable law, agencies shall:

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(a) Within 180 days of the date of this order, issue written
procedures and policies, consistent with the Act, to ensure that
the potential impacts of agencies' draft rules on small businesses,
small governmental jurisdictions, and small organizations are
properly considered during the rulemaking process. Agency heads
shall submit, no later than 90 days from the date of this order,
their written procedures and policies to Advocacy for comment.
Prior to issuing final procedures and policies, agencies shall
consider any such comments received within 60 days from the date of
the submission of the agencies' procedures and policies to
Advocacy. Except to the extent otherwise specifically provided by
statute or Executive Order, agencies shall make the final
procedures and policies available to the public through the
Internet or other easily accessible means;
(b) Notify Advocacy of any draft rules that may have a
significant economic impact on a substantial number of small
entities under the Act. Such notifications shall be made (i) when
the agency submits a draft rule to OIRA under Executive Order 12866
[set out above] if that order requires such submission, or (ii) if
no submission to OIRA is so required, at a reasonable time prior to
publication of the rule by the agency; and
(c) Give every appropriate consideration to any comments provided
by Advocacy regarding a draft rule. Consistent with applicable law
and appropriate protection of executive deliberations and legal
privileges, an agency shall include, in any explanation or
discussion accompanying publication in the Federal Register of a
final rule, the agency's response to any written comments submitted

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by Advocacy on the proposed rule that preceded the final rule;
provided, however, that such inclusion is not required if the head
of the agency certifies that the public interest is not served
thereby. Agencies and Advocacy may, to the extent permitted by law,
engage in an exchange of data and research, as appropriate, to
foster the purposes of the Act.
Sec. 4. Definitions. Terms defined in section 601 of title 5,
United States Code, including the term "agency," shall have the
same meaning in this order.
Sec. 5. Preservation of Authority. Nothing in this order shall be
construed to impair or affect the authority of the Administrator of
the Small Business Administration to supervise the Small Business
Administration as provided in the first sentence of section 2(b)(1)
of Public Law 85-09536 [Pub. L. 85-536] (15 U.S.C. 633(b)(1)).
Sec. 6. Reporting. For the purpose of promoting compliance with
this order, Advocacy shall submit a report not less than annually
to the Director of the Office of Management and Budget on the
extent of compliance with this order by agencies.
Sec. 7. Confidentiality. Consistent with existing law, Advocacy
may publicly disclose information that it receives from the
agencies in the course of carrying out this order only to the
extent that such information already has been lawfully and publicly
disclosed by OIRA or the relevant rulemaking agency.
Sec. 8. Judicial Review. This order is intended only to improve
the internal management of the Federal Government. This order is
not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or equity, against

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the United States, its departments, agencies, or other entities,
its officers or employees, or any other person.
George W. Bush.
EX. ORD. NO. 13279. EQUAL PROTECTION OF THE LAWS FOR FAITH-BASED
AND OTHER NEIGHBORHOOD ORGANIZATIONS
Ex. Ord. No. 13279, Dec. 12, 2002, 67 F.R. 77141, as amended by
Ex. Ord. No. 13403, Sec. 2, May 12, 2006, 71 F.R. 28543; Ex. Ord.
No. 13559, Nov. 17, 2010, 75 F.R. 71319, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section
121(a) of title 40, United States Code, and section 301 of title 3,
United States Code, and in order to guide Federal agencies in
formulating and developing policies with implications for faithbased organizations and other other [sic] neighborhood
organizations, to ensure equal protection of the laws for faithbased and other neighborhood organizations, to further the
national effort to expand opportunities for, and strengthen the
capacity of, faith-based and other other [sic] neighborhood
organizations so that they may better meet social needs in
America's communities, and to ensure the economical and efficient
administration and completion of Government contracts, it is hereby
ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) "Federal financial assistance" means assistance that nonFederal entities receive or administer in the form of grants,
contracts, loans, loan guarantees, property, cooperative
agreements, food commodities, direct appropriations, or other

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assistance, but does not include a tax credit, deduction, or
exemption.
(b) "Social service program" means a program that is administered
by the Federal Government, or by a State or local government using
Federal financial assistance, and that provides services directed
at reducing poverty, improving opportunities for low-income
children, revitalizing low-income communities, empowering lowincome families and low-income individuals to become selfsufficient, or otherwise helping people in need. Such programs
include, but are not limited to, the following:
(i) child care services, protective services for children and
adults, services for children and adults in foster care, adoption
services, services related to the management and maintenance of
the home, day care services for adults, and services to meet the
special needs of children, older individuals, and individuals
with disabilities (including physical, mental, or emotional
disabilities);
(ii) transportation services;
(iii) job training and related services, and employment
services;
(iv) information, referral, and counseling services;
(v) the preparation and delivery of meals and services related
to soup kitchens or food banks;
(vi) health support services;
(vii) literacy and mentoring programs;
(viii) services for the prevention and treatment of juvenile
delinquency and substance abuse, services for the prevention of

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crime and the provision of assistance to the victims and the
families of criminal offenders, and services related to
intervention in, and prevention of, domestic violence; and
(ix) services related to the provision of assistance for
housing under Federal law.
(c) "Policies that have implications for faith-based and other
neighborhood organizations" refers to all policies, programs, and
regulations, including official guidance and internal agency
procedures, that have significant effects on faith-based
organizations participating in or seeking to participate in social
service programs supported with Federal financial assistance.
(d) "Agency" means a department or agency in the executive
branch.
(e) "Specified agency heads" means:
(i) the Attorney General;
(ii) the Secretary of Agriculture;
(iii) the Secretary of Commerce;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Housing and Urban Development;
(vii) the Secretary of Education;
(viii) the Secretary of Veterans Affairs;
(ix) the Secretary of Homeland Security;
(x) the Administrator of the Environmental Protection Agency;
(xi) the Administrator of the Small Business Administration;
(xii) the Administrator of the United States Agency for
International Development; and

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(xiii) the Chief Executive Officer of the Corporation for
National and Community Service.
Sec. 2. Fundamental Principles. In formulating and implementing
policies that have implications for faith-based and other
neighborhood organizations, agencies that administer social service
programs or that support (including through prime awards or subawards) social service programs with Federal financial assistance
shall, to the extent permitted by law, be guided by the following
fundamental principles:
(a) Federal financial assistance for social service programs
should be distributed in the most effective and efficient manner
possible.
(b) The Nation's social service capacity will benefit if all
eligible organizations, including faith-based and other
neighborhood organizations, are able to compete on an equal footing
for Federal financial assistance used to support social service
programs.
(c) No organization should be discriminated against on the basis
of religion or religious belief in the administration or
distribution of Federal financial assistance under social service
programs.
(d) All organizations that receive Federal financial assistance
under social service programs should be prohibited from
discriminating against beneficiaries or prospective beneficiaries
of the social service programs on the basis of religion or
religious belief. Accordingly, organizations, in providing services
supported in whole or in part with Federal financial assistance,

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and in their outreach activities related to such services, should
not be allowed to discriminate against current or prospective
program beneficiaries on the basis of religion, a religious belief,
a refusal to hold a religious belief, or a refusal to attend or
participate in a religious practice.
(e) The Federal Government must implement Federal programs in
accordance with the Establishment Clause and the Free Exercise
Clause of the First Amendment to the United States Constitution, as
well as other applicable law, and must monitor and enforce
standards regarding the relationship between religion and
government in ways that avoid excessive entanglement between
religious bodies and governmental entities.
(f) Organizations that engage in explicitly religious activities
(including activities that involve overt religious content such as
worship, religious instruction, or proselytization) must perform
such activities and offer such services outside of programs that
are supported with direct Federal financial assistance (including
through prime awards or sub-awards), separately in time or location
from any such programs or services supported with direct Federal
financial assistance, and participation in any such explicitly
religious activities must be voluntary for the beneficiaries of the
social service program supported with such Federal financial
assistance.
(g) Faith-based organizations should be eligible to compete for
Federal financial assistance used to support social service
programs and to participate fully in the social service programs
supported with Federal financial assistance without impairing their

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independence, autonomy, expression outside the programs in
question, or religious character. Accordingly, a faith-based
organization that applies for, or participates in, a social service
program supported with Federal financial assistance may retain its
independence and may continue to carry out its mission, including
the definition, development, practice, and expression of its
religious beliefs, provided that it does not use direct Federal
financial assistance that it receives (including through a prime
award or sub-award) to support or engage in any explicitly
religious activities (including activities that involve overt
religious content such as worship, religious instruction, or
proselytization), or in any other manner prohibited by law. Among
other things, faith-based organizations that receive Federal
financial assistance may use their facilities to provide social
services supported with Federal financial assistance, without
removing or altering religious art, icons, scriptures, or other
symbols from these facilities. In addition, a faith-based
organization that applies for, or participates in, a social service
program supported with Federal financial assistance may retain
religious terms in its name, select its board members on a
religious basis, and include religious references in its
organization's mission statements and other chartering or governing
documents.
(h) Each agency responsible for administering or awarding Federal
financial assistance for social service programs shall offer
protections for beneficiaries of such programs pursuant to the
following principles:

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(i) Referral to an Alternative Provider. If a beneficiary or
prospective beneficiary of a social service program supported by
Federal financial assistance objects to the religious character of
an organization that provides services under the program, that
organization shall, within a reasonable time after the date of the
objection, refer the beneficiary to an alternative provider.
(ii) Agency Responsibilities. Each agency responsible for
administering a social service program or supporting a social
service program with Federal financial assistance shall establish
policies and procedures designed to ensure that (1) appropriate and
timely referrals are made to an alternative provider; (2) all
referrals are made in a manner consistent with all applicable
privacy laws and regulations; (3) the organization subject to
subsection (h)(i) notifies the agency of any referral; (4) such
organization has established a process for determining whether the
beneficiary has contacted the alternative provider; and (5) each
beneficiary of a social service program receives written notice of
the protections set forth in this subsection prior to enrolling in
or receiving services from such program.
(i) To promote transparency and accountability, agencies that
provide Federal financial assistance for social service programs
shall post online, in an easily accessible manner, regulations,
guidance documents, and policies that reflect or elaborate upon the
fundamental principles described in this section. Agencies shall
also post online a list of entities that receive Federal financial
assistance for provision of social service programs, consistent
with law and pursuant to guidance set forth in paragraph (c) of

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section 3 of this order.
(j) Decisions about awards of Federal financial assistance must
be free from political interference or even the appearance of such
interference and must be made on the basis of merit, not on the
basis of the religious affiliation of a recipient organization or
lack thereof.
Sec. 3. Ensuring Uniform Implementation Across the Federal
Government. In order to promote uniformity in agencies' policies
that have implications for faith-based and other neighborhood
organizations and in related guidance, and to ensure that those
policies and guidance are consistent with the fundamental
principles set forth in section 2 of this order, there is
established an Interagency Working Group on Faith-Based and Other
Neighborhood Partnerships (Working Group).
(a) Mission and Function of the Working Group. The Working Group
shall meet periodically to review and evaluate existing agency
regulations, guidance documents, and policies that have
implications for faith-based and other neighborhood organizations.
Where appropriate, specified agency heads shall, to the extent
permitted by law, amend all such existing policies of their
respective agencies to ensure that they are consistent with the
fundamental principles set forth in section 2 of this order.
(b) Uniform Agency Implementation. Within 120 days of the date of
this order, the Working Group shall submit a report to the
President on amendments, changes, or additions that are necessary
to ensure that regulations and guidance documents associated with
the distribution of Federal financial assistance for social service

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programs are consistent with the fundamental principles set forth
in section 2 of this order. The Working Group's report should
include, but not be limited to, a model set of regulations and
guidance documents for agencies to adopt in the following areas:
(i) prohibited uses of direct Federal financial assistance and
separation requirements; (ii) protections for religious identity;
(iii) the distinction between "direct" and "indirect" Federal
financial assistance; (iv) protections for beneficiaries of social
service programs; (v) transparency requirements, consistent with
and in furtherance of existing open government initiatives; (vi)
obligations of nongovernmental and governmental intermediaries;
(vii) instructions for peer reviewers and those who recruit peer
reviewers; and (viii) training on these matters for government
employees and for Federal, State, and local governmental and
nongovernmental organizations that receive Federal financial
assistance under social service programs. In developing this report
and in reviewing agency regulations and guidance for consistency
with section 2 of this order, the Working Group shall consult the
March 2010 report and recommendations prepared by the President's
Advisory Council on Faith-Based and Neighborhood Partnerships on
the topic of reforming the Office of Faith-Based and Neighborhood
Partnerships.
(c) Guidance. The Director of the Office of Management and Budget
(OMB), following receipt of a copy of the report of the Working
Group, and in coordination with the Department of Justice, shall
issue guidance to agencies on the implementation of this order,
including in particular subsections 2(h)-(j).

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(d) Membership of the Working Group. The Director of the Office
of Faith-Based and Neighborhood Partnerships and a senior official
from the OMB designated by the Director of the OMB shall serve as
the Co-Chairs of the Working Group. The Co-Chairs shall convene
regular meetings of the Working Group, determine its agenda, and
direct its work. In addition to the Co-Chairs, the Working Group
shall consist of a senior official with knowledge of policies that
have implications for faith-based and other neighborhood
organizations from the following agencies and offices:
(i) the Department of State;
(ii) the Department of Justice;
(iii) the Department of the Interior;
(iv) the Department of Agriculture;
(v) the Department of Commerce;
(vi) the Department of Labor;
(vii) the Department of Health and Human Services;
(viii) the Department of Housing and Urban Development;
(ix) the Department of Education;
(x) the Department of Veterans Affairs;
(xi) the Department of Homeland Security;
(xii) the Environmental Protection Agency;
(xiii) the Small Business Administration;
(xiv) the United States Agency for International Development;
(xv) the Corporation for National and Community Service; and
(xvi) other agencies and offices as the President, from time to
time, may designate.
(e) Administration of the Initiative. The Department of Health

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and Human Services shall provide funding and administrative support
for the Working Group to the extent permitted by law and within
existing appropriations.
Sec. 4. Amendment of Executive Order 11246.
Pursuant to section 121(a) of title 40, United States Code, and
section 301 of title 3, United States Code, and in order to further
the strong Federal interest in ensuring that the cost and progress
of Federal procurement contracts are not adversely affected by an
artificial restriction of the labor pool caused by the unwarranted
exclusion of faith-based organizations from such contracts, section
204 of Executive Order 11246 of September 24, 1965, as amended, [42
U.S.C. 2000e note] is hereby further amended to read as follows:
"SEC. 204 (a) The Secretary of Labor may, when the Secretary
deems that special circumstances in the national interest so
require, exempt a contracting agency from the requirement of
including any or all of the provisions of Section 202 of this Order
in any specific contract, subcontract, or purchase order.
(b) The Secretary of Labor may, by rule or regulation, exempt
certain classes of contracts, subcontracts, or purchase orders (1)
whenever work is to be or has been performed outside the United
States and no recruitment of workers within the limits of the
United States is involved; (2) for standard commercial supplies or
raw materials; (3) involving less than specified amounts of money
or specified numbers of workers; or (4) to the extent that they
involve subcontracts below a specified tier.
(c) Section 202 of this Order shall not apply to a Government
contractor or subcontractor that is a religious corporation,

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association, educational institution, or society, with respect to
the employment of individuals of a particular religion to perform
work connected with the carrying on by such corporation,
association, educational institution, or society of its activities.
Such contractors and subcontractors are not exempted or excused
from complying with the other requirements contained in this Order.
(d) The Secretary of Labor may also provide, by rule, regulation,
or order, for the exemption of facilities of a contractor that are
in all respects separate and distinct from activities of the
contractor related to the performance of the contract: provided,
that such an exemption will not interfere with or impede the
effectuation of the purposes of this Order: and provided further,
that in the absence of such an exemption all facilities shall be
covered by the provisions of this Order."
Sec. 5. General Provisions.
(a) This order supplements but does not supersede the
requirements contained in Executive Orders 13198 [set out above]
and 13199 [3 U.S.C. note prec. 101] of January 29, 2001.
(b) The agencies shall coordinate with the White House OFBCI
concerning the implementation of this order.
(c) Nothing in this order shall be construed to require an agency
to take any action that would impair the conduct of foreign affairs
or the national security.
Sec. 6. Responsibilities of Executive Departments and Agencies.
All executive departments and agencies (agencies) shall:
(a) designate an agency employee to serve as the liaison and
point of contact with the White House OFBCI; and

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(b) cooperate with the White House OFBCI and provide such
information, support, and assistance to the White House OFBCI as it
may request, to the extent permitted by law.
Sec. 7. Judicial Review.
This order is intended only to improve the internal management of
the executive branch, and it is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable
at law or in equity by a party against the United States, its
agencies, or entities, its officers, employees or agents, or any
person.
EX. ORD. NO. 13280. RESPONSIBILITIES OF THE DEPARTMENT OF
AGRICULTURE AND THE AGENCY FOR INTERNATIONAL DEVELOPMENT WITH
RESPECT TO FAITH-BASED AND COMMUNITY INITIATIVES
Ex. Ord. No. 13280, Dec. 12, 2002, 67 F.R. 77145, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to help
the Federal Government coordinate a national effort to expand
opportunities for faith-based and other community organizations and
to strengthen their capacity to better meet social needs in
America's communities, it is hereby ordered as follows:
Section 1. Establishment of Centers for Faith-Based and Community
Initiatives at the Department of Agriculture and the Agency for
International Development. (a) The Secretary of Agriculture and the
Administrator of the Agency for International Development shall
each establish within their respective agencies a Center for FaithBased and Community Initiatives (Center).

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(b) Each of these Centers shall be supervised by a Director,
appointed by the agency head in consultation with the White House
Office of Faith-Based and Community Initiatives (White House
OFBCI).
(c) Each agency shall provide its Center with appropriate staff,
administrative support, and other resources to meet its
responsibilities under this order.
(d) Each Center shall begin operations no later than 45 days from
the date of this order.
Sec. 2. Purpose of Executive Branch Centers for Faith-Based and
Community Initiatives. The purpose of the agency Centers will be to
coordinate agency efforts to eliminate regulatory, contracting, and
other programmatic obstacles to the participation of faith-based
and other community organizations in the provision of social
services.
Sec. 3. Responsibilities of the Centers for Faith-Based and
Community Initiatives. Each Center shall, to the extent permitted
by law:
(a) conduct, in coordination with the White House OFBCI, an
agency-wide audit to identify all existing barriers to the
participation of faith-based and other community organizations in
the delivery of social services by the agency, including but not
limited to regulations, rules, orders, procurement, and other
internal policies and practices, and outreach activities that
either facially discriminate against or otherwise discourage or
disadvantage the participation of faith-based and other community
organizations in Federal programs;

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(b) coordinate a comprehensive agency effort to incorporate faithbased and other community organizations in agency programs and
initiatives to the greatest extent possible;
(c) propose initiatives to remove barriers identified pursuant to
section 3(a) of this order, including but not limited to reform of
regulations, procurement, and other internal policies and
practices, and outreach activities;
(d) propose the development of innovative pilot and demonstration
programs to increase the participation of faith-based and other
community organizations in Federal as well as State and local
initiatives; and
(e) develop and coordinate agency outreach efforts to disseminate
information more effectively to faith-based and other community
organizations with respect to programming changes, contracting
opportunities, and other agency initiatives, including but not
limited to Web and Internet resources.
Sec. 4. Reporting Requirements.
(a) Report. Not later than 180 days from the date of this order
and annually thereafter, each of the two Centers described in
section 1 of this order shall prepare and submit a report to the
White House OFBCI.
(b) Contents. The report shall include a description of the
agency's efforts in carrying out its responsibilities under this
order, including but not limited to:
(i) a comprehensive analysis of the barriers to the full
participation of faith-based and other community organizations in
the delivery of social services identified pursuant to section

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3(a) of this order and the proposed strategies to eliminate those
barriers; and
(ii) a summary of the technical assistance and other
information that will be available to faith-based and other
community organizations regarding the program activities of the
agency and the preparation of applications or proposals for
grants, cooperative agreements, contracts, and procurement.
(c) Performance Indicators. The first report, filed 180 days
after the date of this order, shall include annual performance
indicators and measurable objectives for agency action. Each report
filed thereafter shall measure the agency's performance against the
objectives set forth in the initial report.
Sec. 5. Responsibilities of the Secretary of Agriculture and the
Administrator of the Agency for International Development. The
Secretary and the Administrator shall:
(a) designate an employee within their respective agencies to
serve as the liaison and point of contact with the White House
OFBCI; and
(b) cooperate with the White House OFBCI and provide such
information, support, and assistance to the White House OFBCI as it
may request, to the extent permitted by law.
Sec. 6. Administration and Judicial Review. (a) The agency
actions directed by this executive order shall be carried out
subject to the availability of appropriations and to the extent
permitted by law.
(b) This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or equity

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by a party against the United States, its agencies, or entities,
its officers, employees or agents, or any other person.
George W. Bush.
EX. ORD. NO. 13342. RESPONSIBILITIES OF THE DEPARTMENTS OF COMMERCE
AND VETERANS AFFAIRS AND THE SMALL BUSINESS ADMINISTRATION WITH
RESPECT TO FAITH-BASED AND COMMUNITY INITIATIVES
Ex. Ord. No. 13342, June 1, 2004, 69 F.R. 31509, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to help
the Federal Government coordinate a national effort to expand
opportunities for faith-based and other community organizations and
to strengthen their capacity to better meet America's social and
community needs, it is hereby ordered as follows:
Section 1. Establishment of Centers for Faith-Based and Community
Initiatives at the Departments of Commerce and Veterans Affairs and
the Small Business Administration.
(a) The Secretaries of Commerce and Veterans Affairs and the
Administrator of the Small Business Administration shall each
establish within their respective agencies a Center for Faith-Based
and Community Initiatives (Center).
(b) Each of these Centers shall be supervised by a Director,
appointed by the agency head in consultation with the White House
Office of Faith-Based and Community Initiatives (White House
OFBCI).
(c) Each agency shall provide its Center with appropriate staff,
administrative support, and other resources to meet its
responsibilities under this order.

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(d) Each Center shall begin operations no later than 45 days from
the date of this order.
Sec. 2. Purpose of Executive Branch Centers for Faith-Based and
Community Initiatives. The purpose of the agency Centers will be to
coordinate agency efforts to eliminate regulatory, contracting, and
other programmatic obstacles to the participation of faith-based
and other community organizations in the provision of social and
community services.
Sec. 3. Responsibilities of the Centers for Faith-Based and
Community Initiatives. Each Center shall, to the extent permitted
by law:
(a) conduct, in coordination with the White House OFBCI, an
agency-wide audit to identify all existing barriers to the
participation of faith-based and other community organizations in
the delivery of social and community services by the agency,
including but not limited to regulations, rules, orders,
procurement, and other internal policies and practices, and
outreach activities that either facially discriminate against or
otherwise discourage or disadvantage the participation of faithbased and other community organizations in Federal programs;
(b) coordinate a comprehensive agency effort to incorporate faithbased and other community organizations in agency programs and
initiatives to the greatest extent possible;
(c) propose initiatives to remove barriers identified pursuant to
section 3(a) of this order, including but not limited to reform of
regulations, procurement, and other internal policies and
practices, and outreach activities;

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(d) propose the development of innovative pilot and demonstration
programs to increase the participation of faith-based and other
community organizations in Federal as well as State and local
initiatives; and
(e) develop and coordinate agency outreach efforts to disseminate
information more effectively to faith-based and other community
organizations with respect to programming changes, contracting
opportunities, and other agency initiatives, including but not
limited to Web and Internet resources.
Sec. 4. Reporting Requirements. (a) Report. Not later than 180
days from the date of this order and annually thereafter, each of
the three Centers described in section 1 of this order shall
prepare and submit a report to the President through the White
House OFBCI.
(b) Contents. The report shall include a description of the
agency's efforts in carrying out its responsibilities under this
order, including but not limited to:
(i) a comprehensive analysis of the barriers to the full
participation of faith-based and other community organizations in
the delivery of social and community services identified pursuant
to section 3(a) of this order and the proposed strategies to
eliminate those barriers; and
(ii) a summary of the technical assistance and other
information that will be available to faith-based and other
community organizations regarding the program activities of the
agency and the preparation of applications or proposals for
grants, cooperative agreements, contracts, and procurement.

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(c) Performance Indicators. The first report, filed pursuant to
section 4(a) of this order, shall include annual performance
indicators and measurable objectives for agency action. Each report
filed thereafter shall measure the agency's performance against the
objectives set forth in the initial report.
Sec. 5. Responsibilities of the Secretaries of Commerce and
Veterans Affairs and the Administrator of the Small Business
Administration. The Secretaries and the Administrator shall:
(a) designate an employee within their respective agencies to
serve as the liaison and point of contact with the White House
OFBCI; and
(b) cooperate with the White House OFBCI and provide such
information, support, and assistance to the White House OFBCI as it
may request, to the extent permitted by law.
Sec. 6. Administration and Judicial Review. (a) The agency
actions directed by this executive order shall be carried out
subject to the availability of appropriations and to the extent
permitted by law.
(b) This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in
equity by a party against the United States, its departments,
agencies, instrumentalities or entities, its officers, employees or
agents, or any other person.
George W. Bush.
EX. ORD. NO. 13397. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND
SECURITY WITH RESPECT TO FAITH-BASED AND COMMUNITY INITIATIVES
Ex. Ord. No. 13397, Mar. 7, 2006, 71 F.R. 12275, provided:

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By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to help
the Federal Government coordinate a national effort to expand
opportunities for faith-based and other community organizations and
to strengthen their capacity to better meet America's social and
community needs, it is hereby ordered as follows:
Section 1. Establishment of a Center for Faith-Based and
Community Initiatives at the Department of Homeland Security.
(a) The Secretary of Homeland Security (Secretary) shall
establish within the Department of Homeland Security (Department) a
Center for Faith-Based and Community Initiatives (Center).
(b) The Center shall be supervised by a Director appointed by
[the] Secretary. The Secretary shall consult with the Director of
the White House Office of Faith-Based and Community Initiatives
(WHOFBCI Director) prior to making such appointment.
(c) The Department shall provide the Center with appropriate
staff, administrative support, and other resources to meet its
responsibilities under this order.
(d) The Center shall begin operations no later than 45 days from
the date of this order.
Sec. 2. Purpose of Center. The purpose of the Center shall be to
coordinate agency efforts to eliminate regulatory, contracting, and
other programmatic obstacles to the participation of faith-based
and other community organizations in the provision of social and
community services.
Sec. 3. Responsibilities of the Center for Faith-Based and
Community Initiatives. In carrying out the purpose set forth in

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section 2 of this order, the Center shall:
(a) conduct, in coordination with the WHOFBCI Director, a
department-wide audit to identify all existing barriers to the
participation of faith-based and other community organizations in
the delivery of social and community services by the Department,
including but not limited to regulations, rules, orders,
procurement, and other internal policies and practices, and
outreach activities that unlawfully discriminate against, or
otherwise discourage or disadvantage the participation of faithbased and other community organizations in Federal programs;
(b) coordinate a comprehensive departmental effort to incorporate
faith-based and other community organizations in Department
programs and initiatives to the greatest extent possible;
(c) propose initiatives to remove barriers identified pursuant to
section 3(a) of this order, including but not limited to reform of
regulations, procurement, and other internal policies and
practices, and outreach activities;
(d) propose the development of innovative pilot and demonstration
programs to increase the participation of faith-based and other
community organizations in Federal as well as State and local
initiatives; and
(e) develop and coordinate Departmental outreach efforts to
disseminate information more effectively to faith-based and other
community organizations with respect to programming changes,
contracting opportunities, and other agency initiatives, including
but not limited to Web and Internet resources.
Sec. 4. Reporting Requirements.

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(a) Report. Not later than 180 days from the date of this order
and annually thereafter, the Center shall prepare and submit a
report to the WHOFBCI Director.
(b) Contents. The report shall include a description of the
Department's efforts in carrying out its responsibilities under
this order, including but not limited to:
(i) a comprehensive analysis of the barriers to the full
participation of faith-based and other community organizations in
the delivery of social and community services identified pursuant
to section 3(a) of this order and the proposed strategies to
eliminate those barriers; and
(ii) a summary of the technical assistance and other
information that will be available to faith-based and other
community organizations regarding the program activities of the
agency and the preparation of applications or proposals for
grants, cooperative agreements, contracts, and procurement.
(c) Performance Indicators. The first report shall include annual
performance indicators and measurable objectives for Departmental
action. Each report filed thereafter shall measure the Department's
performance against the objectives set forth in the initial report.
Sec. 5. Responsibilities of the Secretary. The Secretary shall:
(a) designate an employee within the department to serve as the
liaison and point of contact with the WHOFBCI Director; and
(b) cooperate with the WHOFBCI Director and provide such
information, support, and assistance to the WHOFBCI Director as
requested to implement this order.
Sec. 6. General Provisions. (a) This order shall be implemented

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subject to the availability of appropriations and to the extent
permitted by law.
(b) This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in
equity by a party against the United States, its agencies, or
entities, its officers, employees, or agents, or any other person.
George W. Bush.
EX. ORD. NO. 13406. PROTECTING THE PROPERTY RIGHTS OF THE AMERICAN
PEOPLE
Ex. Ord. No. 13406, June 23, 2006, 71 F.R. 36973, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and to strengthen the
rights of the American people against the taking of their private
property, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to
protect the rights of Americans to their private property,
including by limiting the taking of private property by the Federal
Government to situations in which the taking is for public use,
with just compensation, and for the purpose of benefiting the
general public and not merely for the purpose of advancing the
economic interest of private parties to be given ownership or use
of the property taken.
Sec. 2. Implementation. (a) The Attorney General shall:
(i) issue instructions to the heads of departments and agencies
to implement the policy set forth in section 1 of this order; and
(ii) monitor takings by departments and agencies for compliance
with the policy set forth in section 1 of this order.

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(b) Heads of departments and agencies shall, to the extent
permitted by law:
(i) comply with instructions issued under subsection (a)(i); and
(ii) provide to the Attorney General such information as the
Attorney General determines necessary to carry out subsection
(a)(ii).
Sec. 3. Specific Exclusions. Nothing in this order shall be
construed to prohibit a taking of private property by the Federal
Government, that otherwise complies with applicable law, for the
purpose of:
(a) public ownership or exclusive use of the property by the
public, such as for a public medical facility, roadway, park,
forest, governmental office building, or military reservation;
(b) projects designated for public, common carrier, public
transportation, or public utility use, including those for which a
fee is assessed, that serve the general public and are subject to
regulation by a governmental entity;
(c) conveying the property to a nongovernmental entity, such as a
telecommunications or transportation common carrier, that makes the
property available for use by the general public as of right;
(d) preventing or mitigating a harmful use of land that
constitutes a threat to public health, safety, or the environment;
(e) acquiring abandoned property;
(f) quieting title to real property;
(g) acquiring ownership or use by a public utility;
(h) facilitating the disposal or exchange of Federal property; or
(i) meeting military, law enforcement, public safety, public

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transportation, or public health emergencies.
Sec. 4. General Provisions. (a) This order shall be implemented
consistent with applicable law and subject to the availability of
appropriations.
(b) Nothing in this order shall be construed to impair or
otherwise affect:
(i) authority granted by law to a department or agency or the
head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative
proposals.
(c) This order shall be implemented in a manner consistent with
Executive Order 12630 of March 15, 1988.
(d) This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in
equity against the United States, its departments, agencies,
entities, officers, employees, or agents, or any other person.
George W. Bush.
EX. ORD. NO. 13497. REVOCATION OF CERTAIN EXECUTIVE ORDERS
CONCERNING REGULATORY PLANNING AND REVIEW
Ex. Ord. No. 13497, Jan. 30, 2009, 74 F.R. 6113, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby ordered
that:
Section 1. Executive Order 13258 of February 26, 2002, and
Executive Order 13422 of January 18, 2007, concerning regulatory
planning and review, which amended Executive Order 12866 of

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September 30, 1993, are revoked.
Sec. 2. The Director of the Office of Management and Budget and
the heads of executive departments and agencies shall promptly
rescind any orders, rules, regulations, guidelines, or policies
implementing or enforcing Executive Order 13258 or Executive Order
13422, to the extent consistent with law.
Sec. 3. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any
other person.
Barack Obama.
REGULATORY REFORM - WAIVER OF PENALTIES AND REDUCTION OF REPORTS
Memorandum of President of the United States, Apr. 21, 1995, 60
F.R. 20621, provided:
Memorandum for
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Attorney General
The Secretary of the Interior
The Secretary of Agriculture
The Secretary of Commerce
The Secretary of Labor
The Secretary of Health and Human Services
The Secretary of Housing and Urban Development
The Secretary of Transportation

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The Secretary of Energy
The Secretary of Education
The Secretary of Veterans Affairs
The Administrator, Environmental Protection Agency
The Administrator, Small Business Administration
The Secretary of the Army
The Secretary of the Navy
The Secretary of the Air Force
The Director, Federal Emergency Management Agency
The Administrator, National Aeronautics and Space Administration
The Director, National Science Foundation
The Acting Archivist of the United States
The Administrator of General Services
The Chair, Railroad Retirement Board
The Chairperson, Architectural and Transportation Barriers
Compliance Board
The Executive Director, Pension Benefit Guaranty Corporation
On March 16, I announced that the Administration would implement
new policies to give compliance officials more flexibility in
dealing with small business and to cut back on paperwork. These
Governmentwide policies, as well as the specific agency actions I
announced, are part of this Administration's continuing commitment
to sensible regulatory reform. With your help and cooperation, we
hope to move the Government toward a more flexible, effective, and
user friendly approach to regulation.
A. Actions: This memorandum directs the designated department and
agency heads to implement the policies set forth below.

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1. Authority to Waive Penalties. (a) To the extent permitted by
law, each agency shall use its discretion to modify the penalties
for small businesses in the following situations. Agencies shall
exercise their enforcement discretion to waive the imposition of
all or a portion of a penalty when the violation is corrected
within a time period appropriate to the violation in question. For
those violations that may take longer to correct than the period
set by the agency, the agency shall use its enforcement discretion
to waive up to 100 percent of the financial penalties if the
amounts waived are used to bring the entity into compliance. The
provisions in paragraph 1(a) of this memorandum shall apply only
where there has been a good faith effort to comply with applicable
regulations and the violation does not involve criminal wrongdoing
or significant threat to health, safety, or the environment.
(b) Each agency shall, by June 15, 1995, submit a plan to the
Director of the Office of Management and Budget ("Director")
describing the actions it will take to implement the policies in
paragraph 1(a) of this memorandum. The plan shall provide that the
agency will implement the policies described in paragraph 1(a) of
this memorandum on or before July 14, 1995. Plans should include
information on how notification will be given to frontline workers
and small businesses.
2. Cutting Frequency of Reports. (a) Each agency shall reduce by
one-half the frequency of the regularly scheduled reports that the
public is required, by rule or by policy, to provide to the
Government (from quarterly to semiannually, from semiannually to
annually, etc.), unless the department or agency head determines

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that such action is not legally permissible; would not adequately
protect health, safety, or the environment; would be inconsistent
with achieving regulatory flexibility or reducing regulatory
burdens; or would impede the effective administration of the
agency's program. The duty to make such determinations shall be
nondelegable.
(b) Each agency shall, by June 15, 1995, submit a plan to the
Director describing the actions it will take to implement the
policies in paragraph 2(a), including a copy of any determination
that certain reports are excluded.
B. Application and Scope: 1. The Director may issue further
guidance as necessary to carry out the purposes of this memorandum.
2. This memorandum does not apply to matters related to law
enforcement, national security, or foreign affairs, the importation
or exportation of prohibited or restricted items, Government taxes,
duties, fees, revenues, or receipts; nor does it apply to agencies
(or components thereof) whose principal purpose is the collection,
analysis, and dissemination of statistical information.
3. This memorandum is not intended, and should not be construed,
to create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or its employees.
4. The Director of the Office of Management and Budget is
authorized and directed to publish this memorandum in the Federal
Register.
William J. Clinton.
[References to the Director of the Federal Emergency Management

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Agency to be considered to refer and apply to the Administrator of
the Federal Emergency Management Agency, see section 612(c) of Pub.
L. 109-295, set out as a note under section 313 of Title 6,
Domestic Security.]
PLAIN LANGUAGE IN GOVERNMENT WRITING
Memorandum of President of the United States, June 1, 1998, 63
F.R. 31885, provided:
Memorandum for the Heads of Executive Departments and Agencies
The Vice President and I have made reinventing the Federal
Government a top priority of my Administration. We are determined
to make the Government more responsive, accessible, and
understandable in its communications with the public.
The Federal Government's writing must be in plain language. By
using plain language, we send a clear message about what the
Government is doing, what it requires, and what services it offers.
Plain language saves the Government and the private sector time,
effort, and money.
Plain language requirements vary from one document to another,
depending on the intended audience. Plain language documents have
logical organization, easy-to-read design features, and use:
-- common, everyday words, except for necessary technical terms;
-- "you" and other pronouns;
-- the active voice; and
-- short sentences.
To ensure the use of plain language, I direct you to do the
following:
-- By October 1, 1998, use plain language in all new documents,

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other than regulations, that explain how to obtain a benefit
or service or how to comply with a requirement you administer
or enforce. For example, these documents may include letters,
forms, notices, and instructions. By January 1, 2002, all such
documents created prior to October 1, 1998, must also be in
plain language.
-- By January 1, 1999, use plain language in all proposed and
final rulemaking documents published in the Federal Register,
unless you proposed the rule before that date. You should
consider rewriting existing regulations in plain language when
you have the opportunity and resources to do so.
The National Partnership for Reinventing Government will issue
guidance to help you comply with these directives and to explain
more fully the elements of plain language. You should also use
customer feedback and common sense to guide your plain language
efforts.
I ask the independent agencies to comply with these directives.
This memorandum does not confer any right or benefit enforceable
by law against the United States or its representatives. The
Director of the Office of Management and Budget will publish this
memorandum in the Federal Register.
William J. Clinton.
PREEMPTION
Memorandum of President of the United States, May 20, 2009, 74
F.R. 24693, provided:
Memorandum for the Heads of Executive Departments and Agencies

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From our Nation's founding, the American constitutional order has
been a Federal system, ensuring a strong role for both the national
Government and the States. The Federal Government's role in
promoting the general welfare and guarding individual liberties is
critical, but State law and national law often operate concurrently
to provide independent safeguards for the public. Throughout our
history, State and local governments have frequently protected
health, safety, and the environment more aggressively than has the
national Government.
An understanding of the important role of State governments in
our Federal system is reflected in longstanding practices by
executive departments and agencies, which have shown respect for
the traditional prerogatives of the States. In recent years,
however, notwithstanding Executive Order 13132 of August 4, 1999
(Federalism), executive departments and agencies have sometimes
announced that their regulations preempt State law, including State
common law, without explicit preemption by the Congress or an
otherwise sufficient basis under applicable legal principles.
The purpose of this memorandum is to state the general policy of
my Administration that preemption of State law by executive
departments and agencies should be undertaken only with full
consideration of the legitimate prerogatives of the States and with
a sufficient legal basis for preemption. Executive departments and
agencies should be mindful that in our Federal system, the citizens
of the several States have distinctive circumstances and values,
and that in many instances it is appropriate for them to apply to
themselves rules and principles that reflect these circumstances

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and values. As Justice Brandeis explained more than 70 years ago,
"[i]t is one of the happy incidents of the federal system that a
single courageous state may, if its citizens choose, serve as a
laboratory; and try novel social and economic experiments without
risk to the rest of the country."
To ensure that executive departments and agencies include
statements of preemption in regulations only when such statements
have a sufficient legal basis:
1. Heads of departments and agencies should not include in
regulatory preambles statements that the department or agency
intends to preempt State law through the regulation except where
preemption provisions are also included in the codified regulation.
2. Heads of departments and agencies should not include
preemption provisions in codified regulations except where such
provisions would be justified under legal principles governing
preemption, including the principles outlined in Executive Order
13132.
3. Heads of departments and agencies should review regulations
issued within the past 10 years that contain statements in
regulatory preambles or codified provisions intended by the
department or agency to preempt State law, in order to decide
whether such statements or provisions are justified under
applicable legal principles governing preemption. Where the head of
a department or agency determines that a regulatory statement of
preemption or codified regulatory provision cannot be so justified,
the head of that department or agency should initiate appropriate
action, which may include amendment of the relevant regulation.

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U.S. Code

Executive departments and agencies shall carry out the provisions
of this memorandum to the extent permitted by law and consistent
with their statutory authorities. Heads of departments and agencies
should consult as necessary with the Attorney General and the
Office of Management and Budget's Office of Information and
Regulatory Affairs to determine how the requirements of this
memorandum apply to particular situations.
This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any
other person.
The Director of the Office of Management and Budget is authorized
and directed to publish this memorandum in the Federal Register.
Barack Obama.

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