Regulation and Independent Regulatory Agencies

Executive Order 13579 of July 11, 2011

Regulation and Independent Regulatory Agencies

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to improve regulation and
regulatory review, it is hereby ordered as follows:

Section 1. Policy. (a) Wise regulatory decisions depend
on public participation and on careful analysis of the
likely consequences of regulation. Such decisions are
informed and improved by allowing interested members of
the public to have a meaningful opportunity to
participate in rulemaking. To the extent permitted by
law, such decisions should be made only after
consideration of their costs and benefits (both
quantitative and qualitative).

    (b) Executive Order 13563 of January 18, 2011,
“Improving Regulation and Regulatory Review,”
directed to executive agencies, was meant to produce a
regulatory system that protects “public health,
welfare, safety, and our environment while promoting
economic growth, innovation, competitiveness, and job
creation.” Independent regulatory agencies, no less
than executive agencies, should promote that goal.
    (c) Executive Order 13563 set out general
requirements directed to executive agencies concerning
public participation, integration and innovation,
flexible approaches, and science. To the extent
permitted by law, independent regulatory agencies
should comply with these provisions as well.

Sec. 2. Retrospective Analyses of Existing Rules. (a)
To facilitate the periodic review of existing
significant regulations, independent regulatory
agencies should consider how best to promote
retrospective analysis of rules that may be outmoded,
ineffective, insufficient, or excessively burdensome,
and to modify, streamline, expand, or repeal them in
accordance with what has been learned. Such
retrospective analyses, including supporting data and
evaluations, should be released online whenever
possible.

    (b) Within 120 days of the date of this order, each
independent regulatory agency should develop and
release to the public a plan, consistent with law and
reflecting its resources and regulatory priorities and
processes, under which the agency will periodically
review its existing significant regulations to
determine whether any such regulations should be
modified, streamlined, expanded, or repealed so as to
make the agency's regulatory program more effective or
less burdensome in achieving the regulatory objectives.

Sec. 3. General Provisions. (a) For purposes of this
order, “executive agency” shall have the meaning set
forth for the term “agency” in section 3(b) of
Executive Order 12866 of September 30, 1993, and
“independent regulatory agency” shall have the
meaning set forth in 44 U.S.C. 3502(5).

    (b) Nothing in this order shall be construed to
impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head
thereof; or

(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (d) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    July 11, 2011.