ExecutiveOrdersEO
EO 13272Executive OrderG.W. Bush · R

Executive Order 13272

Proper Consideration of Small Entities in Agency Rulemaking

This executive order requires federal agencies to establish written procedures for assessing the impact of draft regulations on small businesses, small governments, and small organizations under the Regulatory Flexibility Act. It assigns the Small Business Administration's Office of Advocacy a central advisory role in reviewing agency compliance and commenting on proposed rules.

Federal Register Open PDF 67 FR 53461

Impact dates

  1. Agencies issue final written procedures and policies

  2. Agencies consider comments received on submitted procedures (from submission date)

  3. Advocacy issues notifications on basic requirements of the Act

  4. Agency heads submit written procedures and policies to Advocacy for comment

Key directives

  • Agencies shall establish procedures to promote compliance with the Regulatory Flexibility Act
  • Advocacy shall issue basic Act requirement notifications within 90 days of order date
  • Advocacy shall provide training to agencies on Act compliance
  • Advocacy may comment on draft rules to agencies and OIRA
  • Agency heads shall submit written procedures to Advocacy within 90 days for comment
  • Agencies shall consider Advocacy comments within 60 days of submission
  • Agencies shall issue final procedures within 180 days of order date
  • Agencies shall notify Advocacy of draft rules with significant economic impact on small entities
  • Agencies shall include response to Advocacy comments in Federal Register final rule explanations
  • Advocacy shall submit annual compliance reports to OMB Director

Who is ordered

Timeline

Immediate

  • Advocacy to issue basic Act notifications within 90 days

Near term (90d)

  • Agency heads submit draft procedures to Advocacy for comment
  • Advocacy to begin training agencies on compliance

Long term

  • Agencies issue final written procedures and policies within 180 days
  • Annual compliance reports to OMB
  • Ongoing advisory role for Advocacy in rulemaking

Risks & tensions

  • Certification loophole: agency heads can bypass publishing response to Advocacy comments by certifying 'public interest is not served thereby'
  • No enforcement mechanism: Section 8 explicitly bars judicial review, limiting accountability
  • Vague timing for non-OIRA draft rules: notifications required 'at a reasonable time prior to publication'
  • Dependency on voluntary agency cooperation given internal-management-only framing
Executive Order 13272: Proper Consideration of Small Entities in Agency Rulemaking · Executive Orders