Executive Order Requirements for Informal Rulemakings

From: Administrative Conference of the United States

Tables of Executive Order Requirements (to later include OMB guidance and statutes)

Todd Rubin

In the table below, the Administrative Conference has identified a comprehensive list of extant executive orders that apply to most agencies’ informal rulemaking activities (i.e. rulemaking pursuant to Section 553 of the Administrative Procedure Act (APA)). Three of the executive orders: 12866 (Regulatory Planning and Review), 13132 (Federalism), and 13175 (Consultation and Coordination with Indian Tribal Governments) are briefly described in the main table, but also have their own tables to which the main table links.

The Conference intends that these tables help agency officials, academics, and other members of the public understand the various requirements agencies must fulfill as they seek to issue regulations. The tables do not capture requirements imposed on those agencies that review other agencies’ rulemaking activities, such as the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) or the Office of the Chief Counsel for Advocacy (Advocacy) within the Small Business Administration.

As of now, the webpage includes only those requirements imposed on agencies by executive order but over time, it will encompass statutory requirements and requirements imposed by OMB guidance. It is intended to be a “living resource” that will be updated as requirements change.

Read Complete ACUS Table

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