EO 12866 (Regulatory Planning and Review)

Presidential Documents

Federal Register
Vol. 58, No. 190
Monday, October 4, 1993

Title 3—

Executive Order 12866 of September 30, 1993

The President

Regulatory Planning and Review
The American people deserve a regulatory system that works for them,
not against them: a regulatory system that protects and improves their health,
safety, environment, and well-being and improves the performance of the
economy without imposing unacceptable or unreasonable costs on society;
regulatory policies that recognize that the private sector and private markets
are the best engine for economic growth; regulatory approaches that respect
the role of State, local, and tribal governments; and regulations that are
effective, consistent, sensible, and understandable. We do not have such
a regulatory system today.
With this Executive order, the Federal Government begins a program to
reform and make more efficient the regulatory process. The objectives of
this Executive order are to enhance planning and coordination with respect
to both new and existing regulations; to reaffirm the primacy of Federal
agencies in the regulatory decision-making process; to restore the integrity
and legitimacy of regulatory review and oversight; and to make the process
more accessible and open to the public. In pursuing these objectives, the
regulatory process shall be conducted so as to meet applicable statutory
requirements and with due regard to the discretion that has been entrusted
to the Federal agencies.
Accordingly, by the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby ordered as
follows:
Section 1. Statement of Regulatory Philosophy and Principles.
(a) The Regulatory Philosophy. Federal agencies should promulgate only
such regulations as are required by law, are necessary to interpret the law,
or are made necessary by compelling public need, such as material failures
of private markets to protect or improve the health and safety of the public,
the environment, or the well-being of the American people. In deciding
whether and how to regulate, agencies should assess all costs and benefits
of available regulatory alternatives, including the alternative of not regulating.
Costs and benefits shall be understood to include both quantifiable measures
(to the fullest extent that these can be usefully estimated) and qualitative
measures of costs and benefits that are difficult to quantify, but nevertheless
essential to consider. Further, in choosing among alternative regulatory approaches, agencies should select those approaches that maximize net benefits
(including potential economic, environmental, public health and safety, and
other advantages; distributive impacts; and equity), unless a statute requires
another regulatory approach.
(b) The Principles of Regulation. To ensure that the agencies’ regulatory
programs are consistent with the philosophy set forth above, agencies should
adhere to the following principles, to the extent permitted by law and
where applicable:
(1) Each agency shall identify the problem that it intends to address
(including, where applicable, the failures of private markets or public
institutions that warrant new agency action) as well as assess the significance of that problem.
(2) Each agency shall examine whether existing regulations (or other law)
have created, or contributed to, the problem that a new regulation is

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Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents
intended to correct and whether those regulations (or other law) should
be modified to achieve the intended goal of regulation more effectively.
(3) Each agency shall identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
(4) In setting regulatory priorities, each agency shall consider, to the
extent reasonable, the degree and nature of the risks posed by various
substances or activities within its jurisdiction.
(5) When an agency determines that a regulation is the best available
method of achieving the regulatory objective, it shall design its regulations
in the most cost-effective manner to achieve the regulatory objective. In
doing so, each agency shall consider incentives for innovation, consistency,
predictability, the costs of enforcement and compliance (to the government,
regulated entities, and the public), flexibility, distributive impacts, and
equity.
(6) Each agency shall assess both the costs and the benefits of the intended
regulation and, recognizing that some costs and benefits are difficult to
quantify, propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs.
(7) Each agency shall base its decisions on the best reasonably obtainable
scientific, technical, economic, and other information concerning the need
for, and consequences of, the intended regulation.
(8) Each agency shall identify and assess alternative forms of regulation
and shall, to the extent feasible, specify performance objectives, rather
than specifying the behavior or manner of compliance that regulated entities must adopt.
(9) Wherever feasible, agencies shall seek views of appropriate State, local,
and tribal officials before imposing regulatory requirements that might
significantly or uniquely affect those governmental entities. Each agency
shall assess the effects of Federal regulations on State, local, and tribal
governments, including specifically the availability of resources to carry
out those mandates, and seek to minimize those burdens that uniquely
or significantly affect such governmental entities, consistent with achieving
regulatory objectives. In addition, as appropriate, agencies shall seek to
harmonize Federal regulatory actions with related State, local, and tribal
regulatory and other governmental functions.
(10) Each agency shall avoid regulations that are inconsistent, incompatible,
or duplicative with its other regulations or those of other Federal agencies.
(11) Each agency shall tailor its regulations to impose the least burden
on society, including individuals, businesses of differing sizes, and other
entities (including small communities and governmental entities), consistent with obtaining the regulatory objectives, taking into account, among
other things, and to the extent practicable, the costs of cumulative regulations.
(12) Each agency shall draft its regulations to be simple and easy to
understand, with the goal of minimizing the potential for uncertainty
and litigation arising from such uncertainty.
Sec. 2. Organization. An efficient regulatory planning and review process
is vital to ensure that the Federal Government’s regulatory system best
serves the American people.
(a) The Agencies. Because Federal agencies are the repositories of significant substantive expertise and experience, they are responsible for developing
regulations and assuring that the regulations are consistent with applicable
law, the President’s priorities, and the principles set forth in this Executive
order.

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Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents
(b) The Office of Management and Budget. Coordinated review of agency
rulemaking is necessary to ensure that regulations are consistent with applicable law, the President’s priorities, and the principles set forth in this Executive order, and that decisions made by one agency do not conflict with
the policies or actions taken or planned by another agency. The Office
of Management and Budget (OMB) shall carry out that review function.
Within OMB, the Office of Information and Regulatory Affairs (OIRA) is
the repository of expertise concerning regulatory issues, including methodologies and procedures that affect more than one agency, this Executive order,
and the President’s regulatory policies. To the extent permitted by law,
OMB shall provide guidance to agencies and assist the President, the Vice
President, and other regulatory policy advisors to the President in regulatory
planning and shall be the entity that reviews individual regulations, as
provided by this Executive order.
(c) The Vice President. The Vice President is the principal advisor to
the President on, and shall coordinate the development and presentation
of recommendations concerning, regulatory policy, planning, and review,
as set forth in this Executive order. In fulfilling their responsibilities under
this Executive order, the President and the Vice President shall be assisted
by the regulatory policy advisors within the Executive Office of the President
and by such agency officials and personnel as the President and the Vice
President may, from time to time, consult.
Sec. 3. Definitions. For purposes of this Executive order: (a) ‘‘Advisors’’
refers to such regulatory policy advisors to the President as the President
and Vice President may from time to time consult, including, among others:
(1) the Director of OMB; (2) the Chair (or another member) of the Council
of Economic Advisers; (3) the Assistant to the President for Economic Policy;
(4) the Assistant to the President for Domestic Policy; (5) the Assistant
to the President for National Security Affairs; (6) the Assistant to the President
for Science and Technology; (7) the Assistant to the President for Intergovernmental Affairs; (8) the Assistant to the President and Staff Secretary; (9)
the Assistant to the President and Chief of Staff to the Vice President;
(10) the Assistant to the President and Counsel to the President; (11) the
Deputy Assistant to the President and Director of the White House Office
on Environmental Policy; and (12) the Administrator of OIRA, who also
shall coordinate communications relating to this Executive order among
the agencies, OMB, the other Advisors, and the Office of the Vice President.
(b) ‘‘Agency,’’ unless otherwise indicated, means any authority of the
United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those
considered to be independent regulatory agencies, as defined in 44 U.S.C.
3502(10).
(c) ‘‘Director’’ means the Director of OMB.
(d) ‘‘Regulation’’ or ‘‘rule’’ means an agency statement of general applicability and future effect, which the agency intends to have the force and effect
of law, that is designed to implement, interpret, or prescribe law or policy
or to describe the procedure or practice requirements of an agency. It does
not, however, include:
(1) Regulations or rules issued in accordance with the formal rulemaking
provisions of 5 U.S.C. 556, 557;
(2) Regulations or rules that pertain to a military or foreign affairs function
of the United States, other than procurement regulations and regulations
involving the import or export of non-defense articles and services;
(3) Regulations or rules that are limited to agency organization, management, or personnel matters; or
(4) Any other category of regulations exempted by the Administrator of
OIRA.
(e) ‘‘Regulatory action’’ means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected
to lead to the promulgation of a final rule or regulation, including notices

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Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents
of inquiry, advance notices of proposed rulemaking, and notices of proposed
rulemaking.
(f) ‘‘Significant regulatory action’’ means any regulatory action that is
likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or safety,
or State, local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user fees,
or loan programs or the rights and obligations of recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal mandates, the
President’s priorities, or the principles set forth in this Executive order.
Sec. 4. Planning Mechanism. In order to have an effective regulatory program,
to provide for coordination of regulations, to maximize consultation and
the resolution of potential conflicts at an early stage, to involve the public
and its State, local, and tribal officials in regulatory planning, and to ensure
that new or revised regulations promote the President’s priorities and the
principles set forth in this Executive order, these procedures shall be followed, to the extent permitted by law:
(a) Agencies’ Policy Meeting. Early in each year’s planning cycle, the
Vice President shall convene a meeting of the Advisors and the heads
of agencies to seek a common understanding of priorities and to coordinate
regulatory efforts to be accomplished in the upcoming year.
(b) Unified Regulatory Agenda. For purposes of this subsection, the term
‘‘agency’’ or ‘‘agencies’’ shall also include those considered to be independent
regulatory agencies, as defined in 44 U.S.C. 3502(10). Each agency shall
prepare an agenda of all regulations under development or review, at a
time and in a manner specified by the Administrator of OIRA. The description
of each regulatory action shall contain, at a minimum, a regulation identifier
number, a brief summary of the action, the legal authority for the action,
any legal deadline for the action, and the name and telephone number
of a knowledgeable agency official. Agencies may incorporate the information
required under 5 U.S.C. 602 and 41 U.S.C. 402 into these agendas.
(c) The Regulatory Plan. For purposes of this subsection, the term ‘‘agency’’
or ‘‘agencies’’ shall also include those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). (1) As part of the Unified
Regulatory Agenda, beginning in 1994, each agency shall prepare a Regulatory
Plan (Plan) of the most important significant regulatory actions that the
agency reasonably expects to issue in proposed or final form in that fiscal
year or thereafter. The Plan shall be approved personally by the agency
head and shall contain at a minimum:
(A) A statement of the agency’s regulatory objectives and priorities and
how they relate to the President’s priorities;
(B) A summary of each planned significant regulatory action including,
to the extent possible, alternatives to be considered and preliminary estimates of the anticipated costs and benefits;
(C) A summary of the legal basis for each such action, including whether
any aspect of the action is required by statute or court order;
(D) A statement of the need for each such action and, if applicable,
how the action will reduce risks to public health, safety, or the environment, as well as how the magnitude of the risk addressed by the action
relates to other risks within the jurisdiction of the agency;
(E) The agency’s schedule for action, including a statement of any applicable statutory or judicial deadlines; and

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Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents
(F) The name, address, and telephone number of a person the public
may contact for additional information about the planned regulatory action.
(2) Each agency shall forward its Plan to OIRA by June 1st of each
year.
(3) Within 10 calendar days after OIRA has received an agency’s Plan,
OIRA shall circulate it to other affected agencies, the Advisors, and the
Vice President.
(4) An agency head who believes that a planned regulatory action of
another agency may conflict with its own policy or action taken or planned
shall promptly notify, in writing, the Administrator of OIRA, who shall
forward that communication to the issuing agency, the Advisors, and the
Vice President.
(5) If the Administrator of OIRA believes that a planned regulatory action
of an agency may be inconsistent with the President’s priorities or the
principles set forth in this Executive order or may be in conflict with
any policy or action taken or planned by another agency, the Administrator
of OIRA shall promptly notify, in writing, the affected agencies, the Advisors,
and the Vice President.
(6) The Vice President, with the Advisors’ assistance, may consult with
the heads of agencies with respect to their Plans and, in appropriate instances,
request further consideration or inter-agency coordination.
(7) The Plans developed by the issuing agency shall be published annually
in the October publication of the Unified Regulatory Agenda. This publication
shall be made available to the Congress; State, local, and tribal governments;
and the public. Any views on any aspect of any agency Plan, including
whether any planned regulatory action might conflict with any other planned
or existing regulation, impose any unintended consequences on the public,
or confer any unclaimed benefits on the public, should be directed to the
issuing agency, with a copy to OIRA.
(d) Regulatory Working Group. Within 30 days of the date of this Executive
order, the Administrator of OIRA shall convene a Regulatory Working Group
(‘‘Working Group’’), which shall consist of representatives of the heads of
each agency that the Administrator determines to have significant domestic
regulatory responsibility, the Advisors, and the Vice President. The Administrator of OIRA shall chair the Working Group and shall periodically advise
the Vice President on the activities of the Working Group. The Working
Group shall serve as a forum to assist agencies in identifying and analyzing
important regulatory issues (including, among others (1) the development
of innovative regulatory techniques, (2) the methods, efficacy, and utility
of comparative risk assessment in regulatory decision-making, and (3) the
development of short forms and other streamlined regulatory approaches
for small businesses and other entities). The Working Group shall meet
at least quarterly and may meet as a whole or in subgroups of agencies
with an interest in particular issues or subject areas. To inform its discussions,
the Working Group may commission analytical studies and reports by OIRA,
the Administrative Conference of the United States, or any other agency.
(e) Conferences. The Administrator of OIRA shall meet quarterly with
representatives of State, local, and tribal governments to identify both existing
and proposed regulations that may uniquely or significantly affect those
governmental entities. The Administrator of OIRA shall also convene, from
time to time, conferences with representatives of businesses, nongovernmental organizations, and the public to discuss regulatory issues of common
concern.
Sec. 5. Existing Regulations. In order to reduce the regulatory burden on
the American people, their families, their communities, their State, local,
and tribal governments, and their industries; to determine whether regulations promulgated by the executive branch of the Federal Government have
become unjustified or unnecessary as a result of changed circumstances;
to confirm that regulations are both compatible with each other and not

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Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents
duplicative or inappropriately burdensome in the aggregate; to ensure that
all regulations are consistent with the President’s priorities and the principles
set forth in this Executive order, within applicable law; and to otherwise
improve the effectiveness of existing regulations: (a) Within 90 days of
the date of this Executive order, each agency shall submit to OIRA a program,
consistent with its resources and regulatory priorities, under which the
agency will periodically review its existing significant regulations to determine whether any such regulations should be modified or eliminated so
as to make the agency’s regulatory program more effective in achieving
the regulatory objectives, less burdensome, or in greater alignment with
the President’s priorities and the principles set forth in this Executive order.
Any significant regulations selected for review shall be included in the
agency’s annual Plan. The agency shall also identify any legislative mandates
that require the agency to promulgate or continue to impose regulations
that the agency believes are unnecessary or outdated by reason of changed
circumstances.
(b) The Administrator of OIRA shall work with the Regulatory Working
Group and other interested entities to pursue the objectives of this section.
State, local, and tribal governments are specifically encouraged to assist
in the identification of regulations that impose significant or unique burdens
on those governmental entities and that appear to have outlived their justification or be otherwise inconsistent with the public interest.
(c) The Vice President, in consultation with the Advisors, may identify
for review by the appropriate agency or agencies other existing regulations
of an agency or groups of regulations of more than one agency that affect
a particular group, industry, or sector of the economy, or may identify
legislative mandates that may be appropriate for reconsideration by the
Congress.
Sec. 6. Centralized Review of Regulations. The guidelines set forth below
shall apply to all regulatory actions, for both new and existing regulations,
by agencies other than those agencies specifically exempted by the Administrator of OIRA:
(a) Agency Responsibilities. (1) Each agency shall (consistent with its
own rules, regulations, or procedures) provide the public with meaningful
participation in the regulatory process. In particular, before issuing a notice
of proposed rulemaking, each agency should, where appropriate, seek the
involvement of those who are intended to benefit from and those expected
to be burdened by any regulation (including, specifically, State, local, and
tribal officials). In addition, each agency should afford the public a meaningful opportunity to comment on any proposed regulation, which in most
cases should include a comment period of not less than 60 days. Each
agency also is directed to explore and, where appropriate, use consensual
mechanisms for developing regulations, including negotiated rulemaking.
(2) Within 60 days of the date of this Executive order, each agency head
shall designate a Regulatory Policy Officer who shall report to the agency
head. The Regulatory Policy Officer shall be involved at each stage of
the regulatory process to foster the development of effective, innovative,
and least burdensome regulations and to further the principles set forth
in this Executive order.
(3) In addition to adhering to its own rules and procedures and to the
requirements of the Administrative Procedure Act, the Regulatory Flexibility Act, the Paperwork Reduction Act, and other applicable law, each
agency shall develop its regulatory actions in a timely fashion and adhere
to the following procedures with respect to a regulatory action:
(A) Each agency shall provide OIRA, at such times and in the manner
specified by the Administrator of OIRA, with a list of its planned
regulatory actions, indicating those which the agency believes are significant regulatory actions within the meaning of this Executive order.
Absent a material change in the development of the planned regulatory action, those not designated as significant will not be subject
to review under this section unless, within 10 working days of receipt

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Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents
of the list, the Administrator of OIRA notifies the agency that OIRA
has determined that a planned regulation is a significant regulatory
action within the meaning of this Executive order. The Administrator
of OIRA may waive review of any planned regulatory action designated by the agency as significant, in which case the agency need
not further comply with subsection (a)(3)(B) or subsection (a)(3)(C) of
this section.
(B) For each matter identified as, or determined by the Administrator
of OIRA to be, a significant regulatory action, the issuing agency shall
provide to OIRA:
(i) The text of the draft regulatory action, together with a reasonably
detailed description of the need for the regulatory action and an
explanation of how the regulatory action will meet that need; and
(ii) An assessment of the potential costs and benefits of the regulatory action, including an explanation of the manner in which the
regulatory action is consistent with a statutory mandate and, to the
extent permitted by law, promotes the President’s priorities and
avoids undue interference with State, local, and tribal governments
in the exercise of their governmental functions.
(C) For those matters identified as, or determined by the Administrator of OIRA to be, a significant regulatory action within the scope
of section 3(f)(1), the agency shall also provide to OIRA the following
additional information developed as part of the agency’s decision-making process (unless prohibited by law):
(i) An assessment, including the underlying analysis, of benefits anticipated from the regulatory action (such as, but not limited to, the
promotion of the efficient functioning of the economy and private
markets, the enhancement of health and safety, the protection of the
natural environment, and the elimination or reduction of discrimination or bias) together with, to the extent feasible, a quantification
of those benefits;
(ii) An assessment, including the underlying analysis, of costs anticipated from the regulatory action (such as, but not limited to, the
direct cost both to the government in administering the regulation
and to businesses and others in complying with the regulation, and
any adverse effects on the efficient functioning of the economy, private markets (including productivity, employment, and competitiveness), health, safety, and the natural environment), together with,
to the extent feasible, a quantification of those costs; and
(iii) An assessment, including the underlying analysis, of costs and
benefits of potentially effective and reasonably feasible alternatives
to the planned regulation, identified by the agencies or the public
(including improving the current regulation and reasonably viable
nonregulatory actions), and an explanation why the planned regulatory action is preferable to the identified potential alternatives.
(D) In emergency situations or when an agency is obligated by law
to act more quickly than normal review procedures allow, the agency
shall notify OIRA as soon as possible and, to the extent practicable,
comply with subsections (a)(3)(B) and (C) of this section. For those
regulatory actions that are governed by a statutory or court-imposed
deadline, the agency shall, to the extent practicable, schedule rulemaking proceedings so as to permit sufficient time for OIRA to conduct its review, as set forth below in subsection (b)(2) through (4)
of this section.
(E) After the regulatory action has been published in the Federal Register or otherwise issued to the public, the agency shall:
(i) Make available to the public the information set forth in subsections (a)(3)(B) and (C);
(ii) Identify for the public, in a complete, clear, and simple manner,
the substantive changes between the draft submitted to OIRA for
review and the action subsequently announced; and

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Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents
(iii) Identify for the public those changes in the regulatory action
that were made at the suggestion or recommendation of OIRA.
(F) All information provided to the public by the agency shall be in
plain, understandable language.
(b) OIRA Responsibilities. The Administrator of OIRA shall provide meaningful guidance and oversight so that each agency’s regulatory actions are
consistent with applicable law, the President’s priorities, and the principles
set forth in this Executive order and do not conflict with the policies
or actions of another agency. OIRA shall, to the extent permitted by law,
adhere to the following guidelines:
(1) OIRA may review only actions identified by the agency or by OIRA
as significant regulatory actions under subsection (a)(3)(A) of this section.
(2) OIRA shall waive review or notify the agency in writing of the results
of its review within the following time periods:
(A) For any notices of inquiry, advance notices of proposed rulemaking, or other preliminary regulatory actions prior to a Notice of
Proposed Rulemaking, within 10 working days after the date of submission of the draft action to OIRA;
(B) For all other regulatory actions, within 90 calendar days after the
date of submission of the information set forth in subsections (a)(3)(B)
and (C) of this section, unless OIRA has previously reviewed this information and, since that review, there has been no material change
in the facts and circumstances upon which the regulatory action is
based, in which case, OIRA shall complete its review within 45 days;
and
(C) The review process may be extended (1) once by no more than
30 calendar days upon the written approval of the Director and (2)
at the request of the agency head.
(3) For each regulatory action that the Administrator of OIRA returns
to an agency for further consideration of some or all of its provisions,
the Administrator of OIRA shall provide the issuing agency a written
explanation for such return, setting forth the pertinent provision of this
Executive order on which OIRA is relying. If the agency head disagrees
with some or all of the bases for the return, the agency head shall so
inform the Administrator of OIRA in writing.
(4) Except as otherwise provided by law or required by a Court, in order
to ensure greater openness, accessibility, and accountability in the regulatory review process, OIRA shall be governed by the following disclosure
requirements:
(A) Only the Administrator of OIRA (or a particular designee) shall
receive oral communications initiated by persons not employed by the
executive branch of the Federal Government regarding the substance
of a regulatory action under OIRA review;
(B) All substantive communications between OIRA personnel and persons not employed by the executive branch of the Federal Government regarding a regulatory action under review shall be governed by
the following guidelines: (i) A representative from the issuing agency
shall be invited to any meeting between OIRA personnel and such
person(s);
(ii) OIRA shall forward to the issuing agency, within 10 working
days of receipt of the communication(s), all written communications, regardless of format, between OIRA personnel and any person
who is not employed by the executive branch of the Federal Government, and the dates and names of individuals involved in all
substantive oral communications (including meetings to which an
agency representative was invited, but did not attend, and telephone
conversations between OIRA personnel and any such persons); and
(iii) OIRA shall publicly disclose relevant information about such
communication(s), as set forth below in subsection (b)(4)(C) of this
section.

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Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents
(C) OIRA shall maintain a publicly available log that shall contain,
at a minimum, the following information pertinent to regulatory actions under review:
(i) The status of all regulatory actions, including if (and if so, when
and by whom) Vice Presidential and Presidential consideration was
requested;
(ii) A notation of all written communications forwarded to an
issuing agency under subsection (b)(4)(B)(ii) of this section; and
(iii) The dates and names of individuals involved in all substantive
oral communications, including meetings and telephone conversations, between OIRA personnel and any person not employed by
the executive branch of the Federal Government, and the subject
matter discussed during such communications.
(D) After the regulatory action has been published in the Federal Register or otherwise issued to the public, or after the agency has announced its decision not to publish or issue the regulatory action,
OIRA shall make available to the public all documents exchanged between OIRA and the agency during the review by OIRA under this
section.
(5) All information provided to the public by OIRA shall be in plain,
understandable language.
Sec. 7. Resolution of Conflicts. To the extent permitted by law, disagreements
or conflicts between or among agency heads or between OMB and any
agency that cannot be resolved by the Administrator of OIRA shall be
resolved by the President, or by the Vice President acting at the request
of the President, with the relevant agency head (and, as appropriate, other
interested government officials). Vice Presidential and Presidential consideration of such disagreements may be initiated only by the Director, by the
head of the issuing agency, or by the head of an agency that has a significant
interest in the regulatory action at issue. Such review will not be undertaken
at the request of other persons, entities, or their agents.
Resolution of such conflicts shall be informed by recommendations developed by the Vice President, after consultation with the Advisors (and other
executive branch officials or personnel whose responsibilities to the President
include the subject matter at issue). The development of these recommendations shall be concluded within 60 days after review has been requested.
During the Vice Presidential and Presidential review period, communications
with any person not employed by the Federal Government relating to the
substance of the regulatory action under review and directed to the Advisors
or their staffs or to the staff of the Vice President shall be in writing
and shall be forwarded by the recipient to the affected agency(ies) for inclusion in the public docket(s). When the communication is not in writing,
such Advisors or staff members shall inform the outside party that the
matter is under review and that any comments should be submitted in
writing.
At the end of this review process, the President, or the Vice President
acting at the request of the President, shall notify the affected agency and
the Administrator of OIRA of the President’s decision with respect to the
matter.
Sec. 8. Publication. Except to the extent required by law, an agency shall
not publish in the Federal Register or otherwise issue to the public any
regulatory action that is subject to review under section 6 of this Executive
order until (1) the Administrator of OIRA notifies the agency that OIRA
has waived its review of the action or has completed its review without
any requests for further consideration, or (2) the applicable time period
in section 6(b)(2) expires without OIRA having notified the agency that
it is returning the regulatory action for further consideration under section
6(b)(3), whichever occurs first. If the terms of the preceding sentence have
not been satisfied and an agency wants to publish or otherwise issue a

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

œ–
THE WHITE HOUSE,
September 30, 1993.
[FR citation 58 FR 51735]

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