By the authority vested in me as President. by the Constitution and
the laws of the United States of America, and in order to appropriately
weigh and consider the effects of the Federal Government's regulations
on the supply, distribution, and use of energy, it is hereby ordered
as follows:
Section 1. Policy. The Federal Government can significantly
affect the supply, distribution, and use of energy. Yet there is often
too little information regarding the effects that governmental regulatory
action can have on energy. In order to provide more useful energy-related
information and hence improve the quality of agency decisionmaking,
I am requiring that agencies shall prepare a. Statement of Energy Effects
when undertaking certain agency actions. As described more fully below,
such Statements of Energy Effects shall describe the effects of certain
regulatory actions on . energy supply, distribution, or use.
Sec. 2. Preparation of a Statement of Energy Effects.
(a) To the extent permitted by law, agencies shall prepare and submit
a Statement of Energy Effects to the Administrator of the Office of
Information and Regulatory Affairs, Office of Management and Budget,
for those matters identified as significant energy actions.
(b) A Statement of Energy Effects shall consist of a detailed statement
by the agency responsible for the significant energy action relating
to:
(i) any adverse effects on energy supply, distribution, or use (including
a shortfall in supply, price increases, and increased use of foreign
supplies)
should the proposal be implemented, and
(ii) reasonable alternatives to the action with adverse energy effects
and the expected effects of such alternatives on energy supply, distribution,
and use.
(c) The Administrator of the Office of Information and Regulatory Affairs
shall provide guidance to the agencies on the implementation of this
order and shall consult with other agencies as appropriate in the implementation
of this order.
Sec. 3. Submission and Publication of Statements. (a)
Agencies shall submit their Statements of Energy Effects to the Administrator
of the Office of Information and Regulatory Affairs, Office of Management
and Budget, when-ever they present the related submission under Executive
Order 12866 of September 30, 1993, or any successor order.
(b) Agencies shall publish their Statements of Energy Effects, or a
summary thereof, in each related Notice of Proposed Rulemaking and in
any resulting Final Rule.
Sec. 4. Definitions. For purposes of this order:
(a) "Regulation" and "rule" have the same meaning
as they do in Executive Order 12866 or any successor order.
(b) "Significant energy action" means any action by an agency
(normally published in the Federal Register) that promulgates
or is expected to lead to the promulgation of a final rule or regulation,
including notices of inquiry, advance notices of proposed rulemaking,
and notices of proposed rulemaking:
(1)(i) that is a significant regulatory action under Executive Order
12866
or any successor order, and
(ii) is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or
(2) that is designated by the Administrator of the Office of Information
and Regulatory Affairs as a significant energy action.
(c) "Agency" means any authority of the United States that
is an "agency" under 44 U.S.C. 3502(l), other than those considered
to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 5. Judicial Review. Nothing in this order shall
affect any otherwise available 'judicial review of agency action. This
order is intended only to improve the internal management of the Federal
Government 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.
/s/George W. Bush
THE WHITE HOUSE,
May 18, 2001.