Regulatory planning process

This executive order establishes an annual regulatory planning process requiring executive agencies to submit draft regulatory programs to OMB, which then reviews, compiles, and publishes a unified Administration Regulatory Program. It centralizes presidential oversight of rulemaking, mandates consistency with administration priorities, and creates mechanisms to block or return regulatory actions that deviate from the published plan.

50 FR 1036

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Impact dates

Date TBD
Annual draft regulatory program submission due to OMB Director (date specified by Director each year)
Jan 14, 1985
OMB deemed approval deadline for non-EO 12291 regulatory actions (unless notifies to contrary)
Jan 4, 1985
Order effective; agencies must begin compliance for 1985 program year

Key directives

Each executive agency subject to EO 12291 must submit annual statement of regulatory policies, goals, objectives, and significant regulatory actions to OMB Director, starting in 1985
Agency heads must ensure all regulatory actions consistent with Administration goals
Agency heads must adhere to regulatory principles from EO 12291 and August 11, 1983 Reagan Task Force report
Draft regulatory programs must cover April 1 through March 31 period, submitted annually on date specified by OMB Director
Overview must specifically discuss significant regulatory actions to revise or rescind existing rules
Agency head must immediately advise OMB and submit for review any significant regulatory action not previously submitted or materially different from final program
Agency must refrain from taking proposed regulatory action until OMB review completed (except emergencies, statutory/judicial deadlines)
For non-EO 12291 actions: OMB deemed to have approved unless notifies agency within 10 days of submission
OMB may return for reconsideration rules not included in final Regulatory Program or materially different from published program

Who is ordered

Timeline

Immediate

Agencies subject to EO 12291 must begin preparing regulatory program submissions for 1985

Near term (90d)

First annual regulatory program submissions due to OMB on date specified by Director
Development of format and categorical exemptions via OMB Bulletin or Circular

Long term

Annual recurring cycle of regulatory planning (April 1 - March 31 program years)
Structural shift in regulatory process centralizing OMB/presidential control over agency rulemaking
Potential cumulative deregulatory effects through systematic prioritization of rule revision/rescission

Risks & tensions

Centralizes substantial power in OMB Director with limited statutory constraints; 'extent permitted by law' qualifier in Section 4 acknowledges potential legal boundaries
Vague exemption authority ('as the Director may deem appropriate') creates uncertainty about which agencies/activities covered
10-day deemed approval for non-EO 12291 actions creates asymmetric timeline that may expedite certain regulatory actions
Potential tension with APA notice-and-comment requirements if OMB review delays agency action
Judicial review bar (Section 5) limits external accountability but may face constitutional challenges in practice
Materially different standard in Section 3(c)-(d) is vague and subject to OMB discretion