[Weekly Compilation of Presidential Documents Volume 29, Number 39 (Monday, October 4, 1993)]
[Pages 1925-1933]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12866--Regulatory Planning and Review

 September 30, 1993

    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 achiev- 

[[Page 1926]]

ing 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 Presi- 

[[Page 1927]]

dent 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

[[Page 1928]]

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 Reg- 

[[Page 1929]]

ulatory 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,

[[Page 1930]]

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 poten- 

[[Page 1931]]

tially 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

[[Page 1932]]

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
    (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

[[Page 1933]]

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.

[Filed with the Office of the Federal Register, 12:12 p.m., October 1, 
1993]

Note: This Executive order was published in the Federal Register on 
October 4.