White House Press Release

REGULATORY PLANNING AND REVIEW





                        EXECUTIVE ORDER 
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                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 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. 

    (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 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  

    (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 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 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 

    (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, aWARNING:  Bad vector_ptr parameter (file src/docmem.c, line 657)
nd 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 

    (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 regulatory 
action, the head of that agency may request Presidential 
consideration through the Vice President, as provided under 
section 7 of this order.  Upon receipt of this request, the Vice 
President shall notify OIRA and the Advisors.  The guidelines and 
time period set forth in section 7 shall apply to the publication 
of regulatory actions for which Presidential consideration has 
been sought. 

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

    Sec. 10.  Judicial Review.  Nothing in this Executive order 
shall affect any otherwise available judicial review of agency 
action.  This Executive order is intended only to improve the 
internal management of the Federal Government and does not create 
any right or benefit, substantive or procedural, enforceable at 
law or equity by a party against the United States, its agencies 
or instrumentalities, its officers or employees, or any other 
person. 

    Sec.  11.  Revocations.   Executive Orders Nos. 12291 and 
12498; all amendments to those Executive orders; all guidelines 
issued under those orders; and any exemptions from those orders 
heretofore granted for any category of rule are revoked.  




                                  WILLIAM J. CLINTON 


THE WHITE HOUSE, 
   September 30, 1993. 




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