For Immediate Release
Office of the Press Secretary
August 13, 2002
Executive Order: Proper Consideration of Small Entities in Agency Rulemaking
By the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered as
follows:
Section 1. General Requirements. Each agency shall establish
procedures and policies to promote compliance with the Regulatory
Flexibility Act, as amended (5 U.S.C. 601 et seq.) (the "Act").
Agencies shall thoroughly review draft rules to assess and take
appropriate account of the potential impact on small businesses, small
governmental jurisdictions, and small organizations, as provided by the
Act. The Chief Counsel for Advocacy of the Small Business
Administration (Advocacy) shall remain available to advise agencies in
performing that review consistent with the provisions of the Act.
Sec. 2. Responsibilities of Advocacy. Consistent with the
requirements of the Act, other applicable law, and Executive Order
12866 of September 30, 1993, as amended, Advocacy:
(a) shall notify agency heads from time to time of the
requirements
of the Act, including by issuing notifications with respect to the
basic requirements of the Act within 90 days of the date of this
order;
(b) shall provide training to agencies on compliance with the Act;
and
(c) may provide comment on draft rules to the agency that has
proposed or intends to propose the rules and to the Office of
Information and Regulatory Affairs of the Office of Management and
Budget (OIRA).
Sec. 3. Responsibilities of Federal Agencies. Consistent with the
requirements of the Act and applicable law, agencies shall:
(a) Within 180 days of the date of this order, issue written
procedures and policies, consistent with the Act, to ensure that
the
potential impacts of agencies' draft rules on small businesses,
small
governmental jurisdictions, and small organizations are properly
considered during the rulemaking process. Agency heads shall
submit,
no later than 90 days from the date of this order, their written
procedures and policies to Advocacy for comment. Prior to issuing
final procedures and policies, agencies shall consider any such
comments received within 60 days from the date of the submission of
the agencies' procedures and policies to Advocacy. Except to the
extent otherwise specifically provided by statute or Executive
Order,
agencies shall make the final procedures and policies available to
the
public through the Internet or other easily accessible means;
more
(b) Notify Advocacy of any draft rules that may have a significant
economic impact on a substantial number of small entities under the
Act. Such notifications shall be made (i) when the agency submits
a
draft rule to OIRA under Executive Order 12866 if that order
requires
such submission, or (ii) if no submission to OIRA is so required,
at a
reasonable time prior to publication of the rule by the agency; and
(c) Give every appropriate consideration to any comments provided
by Advocacy regarding a draft rule. Consistent with applicable law
and appropriate protection of executive deliberations and legal
privileges, an agency shall include, in any explanation or
discussion
accompanying publication in the Federal Register of a final rule,
the
agency's response to any written comments submitted by Advocacy on
the
proposed rule that preceded the final rule; provided, however, that
such inclusion is not required if the head of the agency certifies
that the public interest is not served thereby.
Agencies and Advocacy may, to the extent permitted by law, engage
in an exchange of data and research, as appropriate, to foster the
purposes of the Act.
Sec. 4. Definitions. Terms defined in section 601 of title 5,
United States Code, including the term "agency," shall have the same
meaning in this order.
Sec. 5. Preservation of Authority. Nothing in this order shall be
construed to impair or affect the authority of the Administrator of the
Small Business Administration to supervise the Small Business
Administration as provided in the first sentence of section 2(b)(1) of
Public Law 85-536 (15 U.S.C. 633(b)(1)).
Sec. 6. Reporting. For the purpose of promoting compliance with
this order, Advocacy shall submit a report not less than annually to
the Director of the Office of Management and Budget on the extent of
compliance with this order by agencies.
Sec. 7. Confidentiality. Consistent with existing law, Advocacy
may publicly disclose information that it receives from the agencies in
the course of carrying out this order only to the extent that such
information already has been lawfully and publicly disclosed by OIRA or
the relevant rulemaking agency.
Sec. 8. Judicial Review. This order is intended only to improve
the internal management of the Federal Government. This order is not
intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or equity, against the United States,
its departments, agencies, or other entities, its officers or
employees, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
August 13, 2002.
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