White House Orders, Bulletins, and Memoranda on Regulation

• Author: William Funk - Jeffrey S. Lubbers
• Pages: 211-393

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WHITE HOUSE ORDERS, BULLETINS, AND MEMORANDAON REGULATION

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White House Orders,

Bulletins, and Memoranda

on Regulation

211

Citations:

This section contains the text of the most significant presidential Execu-

tive Orders, Bulletins, and Memoranda, effective as of November 1, 2015,

which pertain to the rulemaking process or federal regulation. Other execu-

tive orders and memoranda may be found in other sections of this book, e.g.,

those relating to the Federal Advisory Committee Act.

It contains the texts of the following Presidential Orders in chronological

order—that have remained in effect.

More information on many of these matters can be found on the website

of OMB’s Office of Information and Regulatory Affairs (OIRA), at: https://

www.whitehouse.gov/omb/inforeg_regmatters

.

I. Executive Orders

A.Executive Order 12,372:Intergovernmental Review of Federal

Programs (1982).

B.Executive Order 12,630:Governmental Actions and

Interference with Constitutionally

Protected Property Rights (1988).

C.Executive Order 12,866:Regulatory Planning and Review

(1993).

D.Executive Order 12,889:Implementation of the North

American Free Trade Agreement

(1993).

E.Executive Order 12,898:Federal Actions to Address

Environmental Justice in Minority

Populations and Low-Income

Populations (1994).

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F.Executive Order 12,988:Civil Justice Reform (1996).

G.Executive Order 13,045:Protection of Children from

Environmental Health Risks and

Safety Risks (1997).

H.Executive Order 13,132:Federalism (1999).

I.Executive Order 13,175:Consultation and Coordination with

Indian Tribal Governments (2000).

J.Executive Order 13,211:Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use (2001).

K.Executive Order 13,272:Proper Consideration of Small Entities

in Agency Rulemaking (2002).

L.Executive Order 13,563:Improving Regulation and Regulatory

Review (2011) (supplementing and

reaffirming E.O. 12866).

M.Executive Order 13,579:Regulation and Independent Regulatory

Agencies (2011).

N.Executive Order 13,609:Promoting International Regulatory

Cooperation (2012).

O.Executive Order 13,610:Identifying and Reducing Regulatory

Burdens (2012).

P.Executive Order 13,707:Using Behavioral Science Insights to

Better Serve the American People

(2015)

II. Other White House Bulletins and Memoranda

A.OMB Director’s Memorandum:“Federal Participation in the

Development and Use of

Voluntary Standards” (1998).

B.Presidential Memorandum:“Plain Language in Government

Writing” (1998).

C.OIRA Guidance on Presidential Review of Agency Rulemaking

(2001).

D.OIRA Memorandum:“OMB’s Circular No. A-4, New

Guidelines for the Conduct of

Regulatory Analysis” (2004).

E.OMB’s Peer Review Bulletin (2004).

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WHITE HOUSE ORDERS, BULLETINS, AND MEMORANDAON REGULATION

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F.Final Bulletin for Agency Good Guidance Practices (2007).

G.OMB/OSTP, Memorandum, “Updated Principles for Risk Analysis”

(2007).

Lead Agency:

The Office of Information and Regulatory Affairs (OIRA) in the Office

of Management and Budget (OMB), 725 17th Street, NW, Washington, DC

20503, (202) 395-4852, fax: (202) 395-5806, email: OIRA_

submission@omb.eop.gov.

Overview:

History of Presidential Oversight of Rulemaking and Regulation

Presidential oversight of regulation is not a recent innovation. It has been

in effect, in one form or another, since 1971, and it accompanied a major

expansion in the scope and complexity of federal regulation that occurred in

the 1960s and 1970s when a number of important social and environmental

regulatory statutes were enacted.1

In June 1971, President Nixon established a “Quality of Life Review”

program, under which all “significant” draft proposed and final rules were

submitted to the Office of Management and Budget (OMB), which circulated

them to other agencies for comment. Agencies were required to submit a

summary of their proposals, a description of the alternatives that had been

considered, and a cost comparison of alternatives. In practice, this program

applied to rules pertaining to environmental quality, consumer protection,

and occupational health and safety.

In 1974, President Ford issued an executive order requiring executive

branch agencies to prepare an “inflation impact statement” for each “major”

federal action.2 The order empowered the Director of OMB to administer the

1See generally Jim Tozzi, OIRA’s Formative Years: The Historical Record

of Centralized Regulatory Review Preceding OIRA’s Founding, 63 ADMIN. L. REV.

(special ed.) 37 (2011) (chronicling the evolution of regulatory review).

2Executive Order 11,821, 3 C.F.R. 203 (1971-1975). When the Executive

Order was later extended, the “inflation impact statement” (IIS) was replaced by an

“economic impact statement” to better reflect the required analysis, which could be

characterized as a loose cost-benefit analysis. See OMB Circular No. A-107, § 4(d)

(Jan. 28, 1975), cited in Note, The Inflation Impact Statement Program: An Assess-

ment of the First Two Years,26 AM. U. L. REV. 1138, 1141 n.28 (1977).