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Presidential Executive Order 13497: Revocation of Certain Executive Orders Concerning Regulatory Planning and Review is a presidentialexecutive order issued byPresidentBarack Obama (D) in 2009 that rescinded two executive orders issued by his predecessor, PresidentGeorge W. Bush (R). Bush's orders,E.O. 13258 of 2002 andE.O. 13422 of 2007, were amendments to PresidentBill Clinton's (D)Executive Order 12866 of 1993.^[1][2][3][4]

Bush's amendments adjusted the list of presidential regulatory policy advisers, increasedregulatory review requirements, and increased the review powers ofregulatory policy officers (RPOs) and theOffice of Information and Regulatory Affairs (OIRA). Obama's E.O. 13497 revoked both of Bush's amendments, returned the language of E.O. 12866 to its original form, and directed the heads of theOffice of Management and Budget (OMB) and theexecutive departments to rescind all regulations, guidelines, and other policies implementing Bush's orders.^[1][2][3][4]

Background

In 1993, PresidentBill Clinton (D) issuedExecutive Order 12866, titled "Regulatory Planning and Review," which established principles and processes to govern federal agencyrulemaking, regulatory planning, andregulatory review. Clinton's order also revoked and replaced two of PresidentRonald Reagan's (R) regulatory executive orders,12291 and12498.^[5]

PresidentGeorge W. Bush (R) amended Clinton's order twice during his presidency, in 2002 and 2007.Executive Order 13258 made technical changes to Clinton's order, removing the role of the vice president from its planning and review procedures and adjusting the group of presidential advisers listed in E.O. 12866.Executive Order 13422, issued in 2007, made more substantial changes to Clinton's order. It added additional requirements for regulatory review and analysis, requiredregulatory policy officers (RPOs) to be chosen from among an agency's political appointees, increased RPOs' oversight powers, and gave theOffice of Information and Regulatory Affairs (OIRA) the ability to review and editsignificantguidance documents.^[2][3]

PresidentBarack Obama (D) revoked both of Bush's amending orders by issuing Executive Order 13497, titled "Revocation of Certain Executive Orders Concerning Regulatory Planning and Review," on January 30, 2009. Obama's order did not state a reason for revoking these orders. The progressive think tank and regulatory advocacy group OMB Watch (later the Center for Effective Government) said in a press release supporting Obama's revocations that Bush'sE.O. 13422 "further politicized the regulatory process and threatened to prevent regulatory agencies from setting new standards that protect the public."^[1][4] TheCompetitive Enterprise Institute, a self-described free-market think tank, later characterized Bush's E.O. 13422 as "a modest effort to restore some of E.O. 12291’s rigor."E.O. 12291 instituted President Reagan'sregulatory review regime, later revoked and replaced by President Clinton'sE.O. 12866.^[6]

Provisions

E.O. 13497 is a short order with three sections. It revoked Executive Orders13258 and13422, returning the language ofE.O. 12866 to its original, unamended form.^[1]

Additionally, E.O. 13497 directed the heads of theOffice of Management and Budget and theexecutive departments to "promptly rescind any orders, rules, regulations, guidelines, or policies implementing or enforcing Executive Order 13258 or Executive Order 13422, to the extent consistent with law."^[1]

See also

• Guidance document
• Regulatory policy officer
• Regulatory review
• Significant regulatory action
• U.S. Office of Information and Regulatory Affairs
• U.S. Office of Management and Budget

External links

• Executive Order 13497, "Revocation of Certain Executive Orders Concerning Regulatory Planning and Review" (2009)
• RegInfo.gov
• Regulations.gov
• Search Google News for this topic

Footnotes

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Gardner •A.L.A. Schechter Poultry Corp. v. United States •Association of Data Processing Service Organizations v. Camp •Auer v. Robbins •Chevron v. Natural Resources Defense Council •Citizens to Preserve Overton Park v. Volpe •Federal Trade Commission (FTC) v. Standard Oil Company of California •Field v. Clark •Food and Drug Administration v. Brown and Williamson Tobacco Corporation •Humphrey's Executor v. United States •Immigration and Naturalization Service (INS) v. Chadha •J.W. Hampton Jr. & Company v. United States •Lucia v. SEC •Marshall v. Barlow's •Massachusetts v. Environmental Protection Agency •Mistretta v. United States •National Federation of Independent Business (NFIB) v. Sebelius •National Labor Relations Board v. Noel Canning Company •National Labor Relations Board v. Sears, Roebuck & Co. •Panama Refining Co. v. Ryan •Securities and Exchange Commission v. Chenery Corporation •Skidmore v. Swift & Co. •United States v. Lopez •United States v. Western Pacific Railroad Co. •Universal Camera Corporation v. National Labor Relations Board •Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council •Wayman v. Southard •Weyerhaeuser Company v. United States Fish and Wildlife Service •Whitman v. American Trucking Associations •Wickard v. Filburn •Wiener v. United States Terms Adjudication (administrative state) •Administrative judge •Administrative law •Administrative law judge •Administrative state •Arbitrary-or-capricious test •Auer deference •Barrier to entry •Bootleggers and Baptists •Chevron deference (doctrine) •Civil servant •Civil service •Code of Federal Regulations •Codify (administrative state) •Comment period •Compliance costs •Congressional Record •Coordination (administrative state) •Deference (administrative state) •Direct and indirect costs (administrative state) •Enabling statute •Ex parte communication (administrative state) •Executive agency •Federal law •Federal Register •Federalism •Final rule •Formal rulemaking •Formalism (law) •Functionalism (law) •Guidance (administrative state) •Hybrid rulemaking •Incorporation by reference •Independent federal agency •Informal rulemaking •Joint resolution of disapproval (administrative state) •Major rule •Negotiated rulemaking •Nondelegation doctrine •OIRA prompt letter •Organic statute •Pragmatism (law) •Precautionary principle •Promulgate •Proposed rule •Publication rulemaking •Regulatory budget •Regulatory capture •Regulatory dark matter •Regulatory impact analysis •Regulatory policy officer •Regulatory reform officer •Regulatory review •Rent seeking •Retrospective regulatory review •Risk assessment (administrative state) •Rulemaking •Separation of powers •Significant regulatory action •Skidmore deference •Statutory authority •Substantive law and procedural law •Sue and settle •Sunset provision •Unified Agenda of Federal Regulatory and Deregulatory Actions •United States Code •United States Statutes at Large Bibliography "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000) "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017) "Constitutionalism after the New Deal" by Cass R. Sunstein (1987) Federalist No. 23 by Alexander Hamilton (1787) "From Administrative State to Constitutional Government" by Joseph Postell (2012) "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002) "Rulemaking as Legislating" by Kathryn Watts (2015) "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016) "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017) "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007) "The Rise and Rise of the Administrative State" by Gary Lawson (1994) "The Study of Administration" by Woodrow Wilson (1887) "The Threat to Liberty" by Steven F. Hayward (2017) "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008) Agencies Administrative Conference of the United States •United States Civil Service Commission •U.S. Government Accountability Office •U.S. Office of Information and Regulatory Affairs •U.S. Office of Management and Budget