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Presidential Executive Order 13497 (Barack Obama, 2009)

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Regulatory Planning and Review is a presidential executive order issued by President Barack Obama (D) in 2009 that rescinded two executive orders issued by his predecessor, President George W. Bush (R).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


Bush's amendments adjusted the list of presidential regulatory policy advisers, increased regulatory review requirements, and increased the review powers of regulatory policy officers (RPOs) and the Office 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 the Office of Management and Budget (OMB) and the executive departments to rescind all regulations, guidelines, and other policies implementing Bush's orders.[1][2][3][4]

Background

In 1993, President Bill Clinton (D) issued Executive Order 12866, titled "Regulatory Planning and Review," which established principles and processes to govern federal agency rulemaking, regulatory planning, and regulatory review. Clinton's order also revoked and replaced two of President Ronald Reagan's (R) regulatory executive orders, 12291 and 12498.[5]

President George 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, required regulatory policy officers (RPOs) to be chosen from among an agency's political appointees, increased RPOs' oversight powers, and gave the Office of Information and Regulatory Affairs (OIRA) the ability to review and edit significant guidance documents.[2][3]

President Barack 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's E.O. 13422 "further politicized the regulatory process and threatened to prevent regulatory agencies from setting new standards that protect the public."[1][4] The Competitive 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's regulatory review regime, later revoked and replaced by President Clinton's E.O. 12866.[6]

Provisions

E.O. 13497 is a short order with three sections. It revoked Executive Orders 13258 and 13422, returning the language of E.O. 12866 to its original, unamended form.[1]

Additionally, E.O. 13497 directed the heads of the Office of Management and Budget and the executive 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

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Federal Register, "Executive Order 13497, Revocation of Certain Executive Orders Concerning Regulatory Planning and Review," January 30, 2009
  2. ↑ 2.0 2.1 2.2 Federal Register, "Amending Executive Order 12866 on Regulatory Planning and Review," February 28, 2002
  3. ↑ 3.0 3.1 3.2 The American Presidency Project, "Executive Order 13422—Further Amendment to Executive Order 12866 on Regulatory Planning and Review," January 18, 2007
  4. ↑ 4.0 4.1 4.2 Center for Effective Government, "OMB Watch Applauds Obama's Revocation of Bush-Era Executive Order on Regulatory Review," February 4, 2009
  5. ↑ Federal Register, "Executive Order 12866," October 4, 1993
  6. ↑ Competitive Enterprise Institute, "Channeling Reagan by Executive Order," July 14, 2016
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