[Weekly Compilation of Presidential Documents Volume 29, Number 43 (Monday, November 1, 1993)]
[Pages 2177-2179]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12875--Enhancing the Intergovernmental Partnership

 October 26, 1993

    The Federal Government is charged with protecting the health and 
safety, as well as promoting other national interests, of the American 
people. However, the cumulative effect of unfunded Federal mandates has 
increasingly strained the budgets of State, local, and tribal 
governments. In addition, the cost, complexity, and delay in applying 
for and receiving waivers from Federal requirements in appropriate cases 
have hindered State, local, and tribal governments from tailoring 
Federal programs to meet the specific or unique needs of their 
communities. These governments should have more flexibility to design 
solutions to the problems faced by citizens in this country without 
excessive micromanagement and unnecessary regulation from the Federal 
Government.
    Therefore, by the authority vested in me as President by the 
Constitution and the laws of the United States of America, and in order 
to reduce the imposition of unfunded mandates upon State, local, and 
tribal governments; to streamline the application process for and 
increase the availability of waivers to State, local, and tribal 
governments; and to establish regular and meaningful consultation and 
collaboration with State, local, and tribal governments on Federal 
matters that significantly or uniquely affect their communities, it is 
hereby ordered as follows:

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    Section 1. Reduction of Unfunded Mandates. (a) To the extent 
feasible and permitted by law, no executive department or agency 
(``agency'') shall promulgate any regulation that is not required by 
statute and that creates a mandate upon a State, local, or tribal 
government, unless:
    (1) funds necessary to pay the direct costs incurred by the State, 
local, or tribal government in complying with the mandate are provided 
by the Federal Government; or
    (2) the agency, prior to the formal promulgation of regulations 
containing the proposed mandate, provides to the Director of the Office 
of Management and Budget a description of the extent of the agency's 
prior consultation with representatives of affected State, local, and 
tribal governments, the nature of their concerns, any written 
communications submitted to the agency by such units of government, and 
the agency's position supporting the need to issue the regulation 
containing the mandate.
    (b) Each agency shall develop an effective process to permit elected 
officials and other representatives of State, local, and tribal 
governments to provide meaningful and timely input in the development of 
regulatory proposals containing significant unfunded mandates.
    Sec. 2. Increasing Flexibility for State and Local Waivers. (a) Each 
agency shall review its waiver application process and take appropriate 
steps to streamline that process.
    (b) Each agency shall, to the extent practicable and permitted by 
law, consider any applicantion by a State, local, or tribal government 
for a waiver of statutory or regulatory requirements in connection with 
any program administered by that agency with a general view toward 
increasing opportunities for utilizing flexible policy approaches at the 
State, local, and tribal level in cases in which the proposed waiver is 
consistent with the applicable Federal policy objectives and is 
otherwise appropriate.
    (c) Each agency shall, to the fullest extent practicable and 
permitted by law, render a decision upon a complete application for a 
waiver within 120 days of receipt of such application by the agency. If 
the application for a waiver is not granted, the agency shall provide 
the applicant with timely written notice of the decision and the reasons 
therefor.
    (d) This section applies only to statutory or regulatory 
requirements of the programs that are discretionary and subject to 
waiver by the agency.
    Sec. 3. Responsibility for Agency Implementation. The Chief 
Operating Officer of each agency shall be responsible for ensuring the 
implementation of and compliance with this order.
    Sec. 4. Executive Order No. 12866. This order shall supplement but 
not supersede the requirements contained in Executive Order No. 12866 
(``Regulatory Planning and Review'').
    Sec. 5. Scope. (a) Executive agency means any authority of the 
United States that is an ``agency'' under 44 U.S.C. 3502(1), other than 
those considered to be independent regulatory agencies, as defined in 44 
U.S.C. 3502(10).
    (b) Independent agencies are requested to comply with the provisions 
of this order.
    Sec. 6. Judicial Review. This order is intended only to improve the 
internal management of the executive branch and is not intended to, 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. 7. Effective Date. This order shall be effective 90 days after 
the date of this order.
                                            William J. Clinton
The White House,
October 26, 1993.

[Filed with the Office of the Federal Register, 11:13 a.m., October 27, 
1993]

Note: This Executive order was published in the Federal Register on 
October 28.

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