White House Orders, Bulletins, and Memoranda on Regulation

AuthorWilliam Funk - Jeffrey S. Lubbers
Pages211-393
211
WHITE HOUSE ORDERS, BULLETINS, AND MEMORANDA ON REGULATION
4
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).
212 WHITE HOUSE ORDERS, BULLETINS, AND MEMORANDA ON REGULATION
4
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 MEMORANDA ON REGULATION
4
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).

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