Executive Order 13422 (amending E.O. 12866)

On January 18, 2007, President George W. Bush issued Executive Order 13422, which amended E.O. 12866. The amendments in this order changed several aspects of the federal government's regulatory process.

On January 18, 2007, President George W. Bush issued Executive Order 13422, which amended E.O. 12866 [4]. The amendments in this order changed several aspects of the federal government's regulatory process.

First, the order increased the emphasis on the determination of a "specific market failure" before agencies can regulate. Second, agencies are required to develop an aggregated costs and benefits component to the cost-benefit analyses agencies must perform for the annual Regulatory Plan. Third, the order makes mandatory a presidential appointee to serve as the Regulatory Policy Officer (RPO) within each agency and expands the role of RPO. Fourth, E.O. 13422 expanded the influence of the Office of Information and Regulatory Affairs (OIRA) over agencies' guidance documents by requiring that significant guidance documents undergo a review process similar to OIRA's review of regulations.

On the same date, the Office of Management and Budget (OMB) issued its Final Bulletin for Agency Good Guidance Practices which outlined for federal agencies the process for submitting guidance documents for OIRA review. Together with E.O. 13422, issuing significant guidance documents (nonbinding documents issued to clarify regulatory obligations to industry, explain complex technical issues or otherwise offer clarification or guidance on agency policies) was likely to require substantial agency resources and time. OIRA has final authority to determine which guidance documents are significant, and is not required to complete its review in any specified time frame.

Click here for the text of E.O. 12866 as amended by E.O. 13422 [5], with changes annotated.

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