FEDERAL REGISTER
VOL. 58, No. 207
Presidential Documents
PRESIDENT OF THE UNITED STATES
Executive Order 12875 of October 26, 1993
Title 3-
The President
Enhancing the Intergovernmental Partnership
Part VI
58 FR 58093
DATE: Thursday, October 28, 1993
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The Federal Government is charged with protecting the health and safety, as
well as promoting other national interests, of the American people. However,
the cumulative effect of unfunded Federal mandates has increasingly strained
the budgets of State, local, and tribal governments. In addition, the cost,
complexity, and delay in applying for and receiving waivers from Federal
requirements in appropriate cases have hindered State, local, and tribal
governments from tailoring Federal programs to meet the specific or unique
needs of their communities. These governments should have more flexibility to
design solutions to the problems faced by citizens in this country without
excessive micromanagement and unnecessary regulation from the Federal
Government.
THEREFORE, by the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to reduce the imposition
of unfunded mandates upon State, local, and tribal governments; to streamline
the application process for and increase the availability of waivers to
State, local, and tribal governments; and to establish regular and meaningful
consultation and collaboration with State, local, and tribal governments on
Federal matters that significantly or uniquely affect their communities, it is
hereby ordered as follows:
Section 1.
Reduction of Unfunded Mandates. (a) To the extent feasible and permitted by law, no executive department or
agency ("agency") shall promulgate any regulation that is not required by statute and that
creates a mandate upon a State, local, or tribal government, unless:
(1) funds necessary to pay the direct costs incurred by the State, local, or
tribal government in complying with the mandate are provided by the Federal
Government; or
(2) the agency, prior to the formal promulgation of regulations containing the
proposed mandate, provides to the Director of the Office of Management and
Budget a description of the extent of the agency's prior consultation with
representatives of affected State, local, and tribal governments, the nature of
their
concerns, any written communications submitted to the agency by such units of
government, and the agency's position supporting the need to issue the
regulation containing the mandate.
(b) Each agency shall develop an effective process to permit elected officials
and other representatives of State, local, and tribal governments to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.
Sec. 2. Increasing Flexibility for State and Local Waivers. (a) Each agency shall review its waiver application process and take
appropriate steps to streamline that process.
(b) Each agency shall, to the extent practicable and permitted by law, consider
any application by a State, local, or tribal government for a waiver of
statutory or regulatory requirements in connection with any program
administered by that agency with a general view toward increasing opportunities
for utilizing flexible policy approaches at the State, local, and tribal level
in cases in which the proposed waiver is consistent with the applicable Federal
policy objectives and is otherwise appropriate.
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(c) Each agency shall, to the fullest extent practicable and permitted by law,
render a decision upon a complete application for a waiver within 120 days of
receipt of such application by the agency. If the application for a waiver is
not granted, the agency shall provide the applicant with timely written notice
of the decision and the reasons therefor.
(d) This section applies only to statutory or regulatory requirements of the
programs that are discretionary and subject to waiver by the agency.
Sec. 3.
Responsibility for Agency Implementation. The Chief Operating Officer of each agency shall be responsible for ensuring
the implementation of and compliance with this order.
Sec. 4. Executive Order No.
12866. This order shall supplement but not supersede the requirements contained in
Executive Order No. 12866 ("Regulatory Planning and Review").
Sec. 5. Scope. (a) Executive 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(10).
(b) Independent agencies are requested to comply with the provisions of this
order.
Sec. 6. Judicial Review. This order is intended only to improve the internal management of the
executive branch and is not intended to, 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.
Sec. 7.
Effective Date. This order shall be effective 90 days after the date of this order.
/s/ WILLIAM
J. CLINTON
THE WHITE HOUSE,
October 26, 1993.
[FR Doc. 93-26772 Filed 10-27-93; 11:13 am]
Billing code 3195-01-P