ExecutiveOrdersEO
EO 13579Executive OrderObama · D

Executive Order 13579

Regulation and Independent Regulatory Agencies

This executive order extends regulatory review principles from Executive Order 13563 to independent regulatory agencies, encouraging them to consider costs and benefits, promote public participation, and conduct retrospective reviews of existing regulations. It requires these agencies to develop public plans within 120 days for periodically reviewing their significant regulations to determine if they should be modified, streamlined, expanded, or repealed.

Federal Register Open PDF 76 FR 41587

Impact dates

  1. Each independent regulatory agency must develop and release public plan for periodic retrospective review of significant regulations

Key directives

  • Independent regulatory agencies should comply with EO 13563 provisions on public participation, integration and innovation, flexible approaches, and science to extent permitted by law
  • Independent regulatory agencies should consider how best to promote retrospective analysis of outmoded, ineffective, insufficient, or excessively burdensome rules
  • Retrospective analyses should be released online whenever possible
  • Within 120 days of order date, each independent regulatory agency must develop and release to the public a plan for periodic review of existing significant regulations

Timeline

Immediate

  • EO takes effect; independent regulatory agencies directed to comply with EO 13563 principles to extent permitted by law

Near term (90d)

  • Agencies must develop and release public plans for retrospective regulatory review (120 days)

Long term

  • Ongoing periodic retrospective analysis of existing significant regulations; potential modification, streamlining, expansion, or repeal of rules

Risks & tensions

  • Language is aspirational ('should comply,' 'should consider') rather than mandatory; 'to the extent permitted by law' creates uncertainty about binding force on independent agencies
  • No enforcement mechanism or consequences for non-compliance specified
  • Retrospective review plans may vary widely in rigor across agencies depending on resources and priorities
  • Potential tension between regulatory independence and White House policy preferences
Executive Order 13579: Regulation and Independent Regulatory Agencies · Executive Orders