[Weekly Compilation of Presidential Documents Volume 37, Number 20 (Monday, May 21, 2001)]
[Pages 769-770]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13211--Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use

May 18, 2001

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to appropriately 
weigh and consider the effects of the Federal Government's regulations 
on the supply, distribution, and use of energy, it is hereby ordered as 
follows:
    Section 1. Policy. The Federal Government can significantly affect 
the supply, distribution, and use of energy. Yet there is often too 
little information regarding the effects that governmental regulatory 
action can have on energy. In order to provide more useful energy-
related information and hence improve the quality of agency 
decisionmaking, I am requiring that agencies shall prepare a Statement 
of Energy Effects when undertaking certain agency actions. As described 
more fully below, such Statements of Energy Effects shall describe the 
effects of certain regulatory actions on energy supply, distribution, or 
use.
    Sec. 2. Preparation of a Statement of Energy Effects. (a) To the 
extent permitted by law, agencies shall prepare and submit a Statement 
of Energy Effects to the Administrator of the Office of Information and 
Regulatory Affairs, Office of Management and Budget, for those matters 
identified as significant energy actions.
    (b) A Statement of Energy Effects shall consist of a detailed 
statement by the agency responsible for the significant energy action 
relating to:
    (i) any adverse effects on energy supply, distribution, or use 
      (including a shortfall in supply, price increases, and increased 
      use of foreign supplies) should the proposal be implemented, and
    (ii) reasonable alternatives to the action with adverse energy 
      effects and the expected effects of such alternatives on energy 
      supply, distribution, and use.

[[Page 770]]

    (c) The Administrator of the Office of Information and Regulatory 
Affairs shall provide guidance to the agencies on the implementation of 
this order and shall consult with other agencies as appropriate in the 
implementation of this order.
    Sec. 3. Submission and Publication of Statements. (a) Agencies shall 
submit their Statements of Energy Effects to the Administrator of the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, whenever they present the related submission under Executive 
Order 12866 of September 30, 1993, or any successor order.
    (b) Agencies shall publish their Statements of Energy Effects, or a 
summary thereof, in each related Notice of Proposed Rulemaking and in 
any resulting Final Rule.
    Sec. 4. Definitions. For purposes of this order:
    (a) ``Regulation'' and ``rule'' have the same meaning as they do in 
Executive Order 12866 or any successor order.
    (b) ``Significant energy action'' means any 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:
    (1) (i) that is a significant regulatory action under Executive 
      Order 12866 or any successor order, and
    (ii) is likely to have a significant adverse effect on the supply, 
      distribution, or use of energy; or
    (2) that is designated by the Administrator of the Office of 
      Information and Regulatory Affairs as a significant energy action.
    (c) ``Agency'' means any authority of the United States that is an 
``agency'' under 44 U.S.C. 3502(1), other than those considered to be 
independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
    Sec. 5. Judicial Review. Nothing in this order shall affect any 
otherwise available judicial review of agency action. This 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.
                                                George W. Bush
 The White House,
 May 18, 2001.

 [Filed with the Office of the Federal Register, 10:19 a.m., May 21, 
2001]

Note: This Executive order will be published in the Federal Register on 
May 22.