Title: Executive Order 12875: Enhancing Intergovernmental Partnership
Author: The White House
Date: 26 Oct 1993
Subject: President's Executive Ord. 12866 on Intergovernmental Relations
This document is posted by NETRESULTS as a public service.
THE WHITE HOUSE; OFFICE OF THE PRESS SECRETARY
for immediate release October 26, 1993
ENHANCING THE INTERGOVERNMENTAL PARTNERSHIP
The Federal Government is charged with protecting the health and
safety, as well as promoting other national interests, of the American people.
However, the cumulative effect of unfunded mandates has increasingly strained
the budgets of State, local, and tribal governments. In addition, the cost,
complexity, and delay in applying for and receiving waivers from Federal
requirements in appropriate cases have hindered State, local, and tribal
governments from tailoring Federal programs to meet the specific or unique
needs of their communities. These governments should have more flexibility to
design solutions to the problems faced by citizens in this country without
excessive micro management and unnecessary regulation from the Federal
THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States of America, and in order to
reduce the imposition of unfunded mandates upon State, local, and tribal
governments; to streamline the application process for and increase the
availability of waivers to State, local, and tribal governments; and to establish
regular and meaningful consultation and collaboration with State, local, and
tribal governments on Federal matters that significantly or uniquely affect their
communities, it is hereby ordered as follows:
Reduction of Unfunded Mandates.
- To the extent
feasible and permitted by law, no executive department or agency (""agency")
shall promulgate any regulation that is not required by statute and that creates a
mandate upon a State, local, or tribal government, unless:
- funds necessary to pay the direct costs incurred by the State, local,
or tribal government in complying with the mandate are provided by the
Federal Government; or
- the agency, prior to the formal promulgation of regulations
containing the proposed mandate, provides to the Director of the Office of
Management and Budget a description of the extent of the agency's prior
consultation with representatives of affected State, local, and tribal
governments, the nature of their concerns, any written communications
submitted to the agency by such units of government, and the agency's position
supporting the need to issue the regulation containing the mandate.
- Each agency shall develop an effective process to permit elected
officials and other representatives of State, local, and tribal governments to
provide meaningful and timely input in the development of regulatory
proposals containing significant unfunded mandates.
Sec. 2. Increasing Flexibility for State and Local Waivers.
- Each agency shall review its waiver application process and
take appropriate steps to streamline that process.
- Each agency shall, to the extent practicable and permitted by law,
consider any application by a State, local, or tribal government for a waiver of
statutory or regulatory requirements in connection with any program
administered by that agency with a general view toward increasing
opportunities for utilizing flexible policy approaches at the State, local, and
tribal level in cases in which the proposed waiver is consistent with the
applicable Federal policy objectives and is otherwise appropriate.
- Each agency shall, to the fullest extent practicable and permitted
by law, render a decision upon a complete application for a waiver within 120
days of receipt of such application by the agency. If the application for a
waiver is not granted, the agency shall provide the applicant with timely
written notice of the decision and reasons therefor.
- This section applies only to statutory or regulatory requirements of
the programs that are discretionary and subject to waiver by the agency.
Sec. 3. Responsibility for Agency Implementation. The Chief
Operating Officer of each agency shall be responsible for ensuring the
implementation of and compliance with this order.
Sec.4 Executive Order No. 12866. This order shall supplement but
not supersede the requirements contained in Executive Order No. 12866
("Regulatory Planning and Review").
- Executive agency means any authority of the
United States that is an "agency" under 44 U.S.C. 3502 (1), other than those
considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502
- Independent agencies are requested to comply with the provisions
of this order.
Sec. 6. Judicial Review. This order is intended only to improve the
internal management of the executive branch and is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or
equity by a party against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. Effective Date. This order shall be effective 90 days after
the date of this order.
WILLIAM J. CLINTON
THE WHITE HOUSE
October 26, 1993