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TITLE 5-GOVERNMENT ORGANIZATION AND EMPLOYEES

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dent for Intergovernmental Affairs; (8) the Assistant to the President and Staff Secretary; (9) the Assistant to the President and Chief of Staff to the Vice President; (10) the Assistant to the President and Counsel to the President; (11) the Deputy Assistant to the President and Director of the White House Office on Environmental Policy; and (12) the Administrator of OIRA, who also shall coordinate communications relating to this Executive order among the agencies, OMB, the other Advisors, and the Office of the Vice President.

(b) “Agency," unless otherwise indicated, 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(10).

(c) “Director" means the Director of OMB.

(d) “Regulation" or "rule" means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. It does not, however, include:

(1) Regulations or rules issued in accordance with the formal rulemaking provisions of 5 U.S.C. 556, 557;

(2) Regulations or rules that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services;

(3) Regulations or rules that are limited to agency organization, management, or personnel matters; or

(4) Any other category of regulations exempted by the Administrator of OIRA.

(e) "Regulatory action" means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking.

(f) “Significant regulatory action" means any regu. latory action that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order.

SEC. 4. Planning Mechanism. In order to have an effective regulatory program, to provide for coordination of regulations, to maximize consultation and the resolution of potential conflicts at an early stage, to involve the public and its State, local, and tribal officials in regulatory planning, and to ensure that new or revised regulations promote the President's priorities and the principles set forth in this Executive order, these procedures shall be followed, to the extent permitted by law:

(a) Agencies' Policy Meeting. Early in each year's planning cycle, the Vice President shall convene a meeting of the Advisors and the heads of agencies to seek a common understanding of priorities and to coordinate regulatory efforts to be accomplished in the upcoming year.

(b) Unified Regulatory Agenda. For purposes of this subsection, the term "agency" or "agencies" shall also include those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). Each agency shall prepare an agenda of all regulations under development or review, at a time and in a manner specified

by the Administrator of OIRA. The description o each regulatory action shall contain, at a minimum, a regulation identifier number, a brief summary of the action, the legal authority for the action, any lega deadline for the action, and the name and telephone number of a knowledgeable agency official. Agencie may incorporate the information required under U.S.C. 602 and 41 U.S.C. 402 into these agendas.

(c) The Regulatory Plan. For purposes of this subsec tion, the term “agency” or “agencies" shall also in clude those considered to be independent regulators agencies, as defined in 44 U.S.C. 3502(10). (1) As par of the Unified Regulatory Agenda, beginning in 1994 each agency shall prepare a Regulatory Plan (Plan) o the most important significant regulatory actions tha the agency reasonably expects to issue in proposed o final form in that fiscal year or thereafter. The Plar shall be approved personally by the agency head and shall contain at a minimum:

(A) A statement of the agency's regulatory objec tives and priorities and how they relate to the Presi dent's priorities;

(B) A summary of each planned significant regulato ry action including, to the extent possible, alternative to be considered and preliminary estimates of the an ticipated costs and benefits;

(C) A summary of the legal basis for each such action, including whether any aspect of the action i required by statute or court order;

(D) A statement of the need for each such action and, if applicable, how the action will reduce risks to public health, safety, or the environment, as well a how the magnitude of the risk addressed by the action relates to other risks within the jurisdiction of the agency;

(E) The agency's schedule for action, including a statement of any applicable statutory or judicial dead lines; and

(F) The name, address, and telephone number of a person the public may contact for additional informa tion about the planned regulatory action.

(2) Each agency shall forward its Plan to OIRA by June 1st of each year.

(3) Within 10 calendar days after OIRA has received an agency's Plan, OIRA shall circulate it to other af fected agencies, the Advisors, and the Vice President

(4) An agency head who believes that a planned reg ulatory action of another agency may conflict with it own policy or action taken or planned shall promptly notify, in writing, the Administrator of OIRA, who shall forward that communication to the issuing agency, the Advisors, and the Vice President.

(5) If the Administrator of OIRA believes that a planned regulatory action of an agency may be incon sistent with the President's priorities or the principles set forth in this Executive order or may be in conflict with any policy or action taken or planned by another agency, the Administrator of OIRA shall promptly notify, in writing, the affected agencies, the Advisors and the Vice President.

(6) The Vice President, with the Advisors' assistance may consult with the heads of agencies with respect to their Plans and, in appropriate instances, request fur ther consideration or inter-agency coordination.

(7) The Plans developed by the issuing agency shal be published annually in the October publication of the Unified Regulatory Agenda. This publication shal be made available to the Congress; State, local, and tribal governments; and the public. Any views on any aspect of any agency Plan, including whether any planned regulatory action might conflict with any other planned or existing regulation, impose any unin tended consequences on the public, or confer any unclaimed benefits on the public, should be directed to the issuing agency, with a copy to OIRA.

(d) Regulatory Working Group. Within 30 days of the date of this Executive order, the Administrator of OIRA shall convene a Regulatory Working Group ("Working Group"), which shall consist of representa

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cretion that has been entrusted to the Federal agen- posing regulatory requirements that might significantcies.

ly or uniquely affect those governmental entities. Accordingly, by the authority vested in me as Presi- Each agency shall assess the effects of Federal reguladent by the Constitution and the laws of the United tions on State, local, and tribal governments, including States of America, it is hereby ordered as follows:

specifically the availability of resources to carry out SECTION 1. Statement of Regulatory Philosophy and those mandates, and seek to minimize those burdens Principles.

that uniquely or significantly affect such governmen(a) The Regulatory Philosophy. Federal agencies tal entities, consistent with achieving regulatory objecshould promulgate only such regulations as are re- tives. In addition, as appropriate, agencies shall seek quired by law, are necessary to interpret the law, or to harmonize Federal regulatory actions with related are made necessary by compelling public need, such as State, local, and tribal regulatory and other govern. material failures of private markets to protect or im- mental functions. prove the health and safety of the public, the environ

(10) Each agency shall avoid regulations that are in. ment, or the well-being of the American people. In de

consistent, incompatible, or duplicative with its other ciding whether and how to regulate, agencies should regulations or those of other Federal agencies. assess all costs and benefits of available regulatory al

(11) Each agency shall tailor its regulations to ternatives, including the alternative of not regulating.

impose the least burden on society, including individCosts and benefits shall be understood to include both

uals, businesses of differing sizes, and other entities quantifiable measures (to the fullest extent that these

(including small communities and governmental entican be usefully estimated) and qualitative measures of

ties), consistent with obtaining the regulatory objeccosts and benefits that are difficult to quantify, but

tives, taking into account, among other things, and to nevertheless essential to consider. Further, in choos

the extent practicable, the costs of cumulative regulaing among alternative regulatory approaches, agencies

tions. should select those approaches that maximize net ben

(12) Each agency shall draft its regulations to be efits (including potential economic, environmental,

simple and easy to understand, with the goal of minipublic health and safety, and other advantages; dis

mizing the potential for uncertainty and litigation tributive impacts; and equity), unless a statute re

arising from such uncertainty. quires another regulatory approach.

Sec. 2. Organization. An efficient regulatory plan. (b) The Principles of Regulation. To ensure that the

ning and review process is vital to ensure that the Fedagencies' regulatory programs are consistent with the

eral Government's regulatory system best serves the philosophy set forth above, agencies should adhere to

American people. the following principles, to the extent permitted by law and where applicable:

(a) The Agencies. Because Federal agencies are the (1) Each agency shall identify the problem that it in.

repositories of significant substantive expertise and tends to address (including, where applicable, the fail

experience, they are responsible for developing regulaures of private markets or public institutions that war

tions and assuring that the regulations are consistent rant new agency action) as well as assess the signifi

with applicable law, the President's priorities, and the cance of that problem.

principles set forth in this Executive order. (2) Each agency shall examine whether existing reg

(b) The Office of Management and Budget. Coordinaulations (or other law) have created, or contributed to,

ted review of agency rulemaking is necessary to ensure the problem that a new regulation is intended to cor

that regulations are consistent with applicable law, rect and whether those regulations (or other law)

the President's priorities, and the principles set forth should be modified to achieve the intended goal of

in this Executive order, and that decisions made by regulation more effectively.

one agency do not conflict with the policies or actions (3) Each agency shall identify and assess available

taken or planned by another agency. The Office of alternatives to direct regulation, including providing

Management and Budget (OMB) shall carry out that economic incentives to encourage the desired behav.

review function. Within OMB, the Office of Informaior, such as user fees or marketable permits, or provid

tion and Regulatory Affairs (OIRA) is the repository ing information upon which choices can be made by

of expertise concerning regulatory issues, including the public.

methodologies and procedures that affect more than (4) In setting regulatory priorities, each agency shall one agency, this Executive order, and the President's consider, to the extent reasonable, the degree and

regulatory policies. To the extent permitted by law, nature of the risks posed by various substances or ac

OMB shall provide guidance to agencies and assist the tivities within its jurisdiction.

President, the Vice President, and other regulatory (5) When an agency determines that a regulation is policy advisors to the President in regulatory planning the best available method of achieving the regulatory

and shall be the entity that reviews individual regulaobjective, it shall design its regulations in the most

tions, as provided by this Executive order. cost-effective manner to achieve the regulatory objec- (c) The Vice President. The Vice President is the tive. In doing so, each agency shall consider incentives principal advisor to the President on, and shall coordifor innovation, consistency, predictability, the costs of

nate the development and presentation of recommenenforcement and compliance (to the government, reg.

dations concerning, regulatory policy, planning, and ulated entities, and the public), flexibility, distributive review, as set forth in this Executive order. In fulfillimpacts, and equity.

ing their responsibilities under this Executive order, (6) Each agency shall assess both the costs and the the President and the Vice President shall be assisted benefits of the intended regulation and, recognizing by the regulatory policy advisors within the Executive that some costs and benefits are difficult to quantify, Office of the President and by such agency officials propose or adopt a regulation only upon a reasoned and personnel as the President and the Vice President determination that the benefits of the intended regu. may, from time to time, consult. lation justify its costs.

SEC. 3. Definitions. For purposes of this Executive (7) Each agency shall base its decisions on the best order: reasonably obtainable scientific, technical, economic, (a) “Advisors” refers to such regulatory policy advi. and other information concerning the need for, and sors to the President as the President and Vice Presi. consequences of, the intended regulation.

dent may from time to time consult, including, among (8) Each agency shall identify and assess alternative others: (1) the Director of OMB; (2) the Chair (or anforms of regulation and shall, to the extent feasible, other member) of the Council of Economic Advisers; specify performance objectives, rather than specifying (3) the Assistant to the President for Economic Policy: the behavior or manner of compliance that regulated (4) the Assistant to the President for Domestic Policy: entities must adopt.

(5) the Assistant to the President for National Securi. (9) Wherever feasible, agencies shall seek views of ty Affairs; (6) the Assistant to the President for Sciappropriate State, local, and tribal officials before im- ence and Technology: (7) the Assistant to the Presi.

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dent for Intergovernmental Affairs; (8) the Assistant to the President and Staff Secretary: (9) the Assistant to the President and Chief of Staff to the Vice President; (10) the Assistant to the President and Counsel to the President; (11) the Deputy Assistant to the President and Director of the White House Office on Environmental Policy; and (12) the Administrator of OIRA, who also shall coordinate communications relating to this Executive order among the agencies, OMB, the other Advisors, and the Office of the Vice President.

(b) "Agency,” unless otherwise indicated, 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(10).

(c) “Director" means the Director of OMB.

(d) “Regulation" or "rule” means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. It does not, however, include:

(1) Regulations or rules issued in accordance with the formal rulemaking provisions of 5 U.S.C. 556, 557;

(2) Regulations or rules that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services;

(3) Regulations or rules that are limited to agency organization, management, or personnel matters; or

(4) Any other category of regulations exempted by the Administrator of OIRA.

(e) “Regulatory action" means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking.

(f) "Significant regulatory action" means any regulatory action that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, & sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order.

Sec. 4. Planning Mechanism. In order to have an effective regulatory program, to provide for coordination of regulations, to maximize consultation and the resolution of potential conflicts at an early stage, to involve the public and its State, local, and tribal officials in regulatory planning, and to ensure that new or revised regulations promote the President's priorities and the principles set forth in this Executive order, these procedures shall be followed, to the extent permitted by law:

(a) Agencies' Policy Meeting. Early in each year's planning cycle, the Vice President shall convene a meeting of the Advisors and the heads of agencies to seek a common understanding of priorities and to coordinate regulatory efforts to be accomplished in the upcoming year.

(b) Unified Regulatory Agenda. For purposes of this subsection, the term "agency” or “agencies" shall also include those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). Each agency shall prepare an agenda of all regulations under development or review, at a time and in a manner specified

by the Administrator of OIRA. The description of each regulatory action shall contain, at a minimum, a regulation identifier number, a brief summary of the action, the legal authority for the action, any legal deadline for the action, and the name and telephone number of a knowledgeable agency official. Agencies may incorporate the information required under 5 U.S.C. 602 and 41 U.S.C. 402 into these agendas.

(c) The Regulatory Plan. For purposes of this subsection, the term "agency" or "agencies” shall also include those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). (1) As part of the Unified Regulatory Agenda, beginning in 1994, each agency shall prepare a Regulatory Plan (Plan) of the most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form in that fiscal year or thereafter. The Plan shall be approved personally by the agency head and shall contain at a minimum:

(A) A statement of the agency's regulatory objectives and priorities and how they relate to the President's priorities;

(B) A summary of each planned significant regulatory action including, to the extent possible, alternatives to be considered and preliminary estimates of the anticipated costs and benefits;

(C) A summary of the legal basis for each such action, including whether any aspect of the action is required by statute or court order;

(D) A statement of the need for each such action and, if applicable, how the action will reduce risks to public health, safety, or the environment, as well as how the magnitude of the risk addressed by the action relates to other risks within the jurisdiction of the agency;

(E) The agency's schedule for action, including a statement of any applicable statutory or judicial deadlines; and

(F) The name, address, and telephone number of a person the public may contact for additional information about the planned regulatory action.

(2) Each agency shall forward its Plan to OIRA by June 1st of each year.

(3) Within 10 calendar days after OIRA has received an agency's Plan, OIRA shall circulate it to other affected agencies, the Advisors, and the Vice President.

(4) An agency head who believes that a planned reg. ulatory action of another agency may conflict with its own policy or action taken or planned shall promptly notify, in writing, the Administrator of OIRA, who shall forward that communication to the issuing agency, the Advisors, and the Vice President.

(5) If the Administrator of OIRA believes that a planned regulatory action of an agency may be inconsistent with the President's priorities or the principles set forth in this Executive order or may be in conflict with any policy or action taken or planned by another agency, the Administrator of OIRA shall promptly notify, in writing, the affected agencies, the Advisors, and the Vice President.

(6) The Vice President, with the Advisors' assistance, may consult with the heads of agencies with respect to their Plans and, in appropriate instances, request further consideration or inter-agency coordination.

(7) The Plans developed by the issuing agency shall be published annually in the October publication of the Unified Regulatory Agenda. This publication shall be made available to the Congress; State, local, and tribal governments; and the public. Any views on any aspect of any agency Plan, including whether any planned regulatory action might conflict with any other planned or existing regulation, impose any unintended consequences on the public, or confer any unclaimed benefits on the public, should be directed to the issuing agency, with a copy to OIRA.

(d) Regulatory Working Group. Within 30 days of the date of this Executive order, the Administrator of OIRA shall convene a Regulatory Working Group (Working Group"), which shall consist of representa

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tives of the heads of each agency that the Administra- (a) Agency Responsibilities. (1) Each agency shall tor determines to have significant domestic regulatory (consistent with its own rules, regulations, or proce responsibility, the Advisors, and the Vice President. dures) provide the public with meaningful participa. The Administrator of OIRA shall chair the Working tion in the regulatory process. In particular, before is. Group and shall periodically advise the Vice President suing a notice of proposed rulemaking, each agency on the activities of the Working Group. The Working should, where appropriate, seek the involvement of Group shall serve as a forum to assist agencies in iden

those who are intended to benefit from and those extifying and analyzing important regulatory issues (in

pected to be burdened by any regulation (including, cluding, among others (1) the development of innova

specifically, State, local, and tribal officials). In additive regulatory techniques, (2) the methods, efficacy,

tion, each agency should afford the public a meaning. and utility of comparative risk assessment in regulato

ful opportunity to comment on any proposed regulary decision-making, and (3) the development of short

tion, which in most cases should include a comment forms and other streamlined regulatory approaches

period of not less than 60 days. Each agency also is difor small businesses and other entities). The Working

rected to explore and, where appropriate, use consen. Group shall meet at least quarterly and may meet as a

sual mechanisms for developing regulations, including whole or in subgroups of agencies with an interest in particular issues or subject areas. To inform its discus

negotiated rulemaking. sions, the Working Group may commission analytical

(2) Within 60 days of the date of this Executive studies and reports by OIRA, the Administrative Con

order, each agency head shall designate a Regulatory ference of the United States, or any other agency.

Policy Officer who shall report to the agency head. (e) Conferences. The Administrator of OIRA shall The Regulatory Policy Officer shall be involved at meet quarterly with representatives of State, local, each stage of the regulatory process to foster the deand tribal governments to identify both existing and velopment of effective, innovative, and least burdenproposed regulations that may uniquely or significant- some regulations and to further the principles set ly affect those governmental entities. The Administra- forth in this Executive order. tor of OIRA shall also convene, from time to time, (3) In addition to adhering to its own rules and proconferences with representatives of businesses, non- cedures and to the requirements of the Administrative governmental organizations, and the public to discuss Procedure Act (5 U.S.C. 551 et seq., 701 et seq.), the regulatory issues of common concern.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the SEC. 5. Existing Regulations. In order to reduce the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and regulatory burden on the American people, their fami.

other applicable law, each agency shall develop its reg. lies, their communities, their State, local, and tribal

ulatory actions in a timely fashion and adhere to the governments, and their industries; to determine

following procedures with respect to a regulatory whether regulations promulgated by the executive action: branch of the Federal Government have become unjustified or unnecessary as a result of changed circum

(A) Each agency shall provide QIRA, at such times stances; to confirm that regulations are both compati.

and in the manner specified by the Administrator of ble with each other and not duplicative or inappropri

OIRA, with a list of its planned regulatory actions, inately burdensome in the aggregate; to ensure that all

dicating those which the agency believes are signifiregulations are consistent with the President's prior

cant regulatory actions within the meaning of this Exities and the principles set forth in this Executive

ecutive order. Absent a material change in the devel. order, within applicable law; and to otherwise improve

opment of the planned regulatory action, those not the effectiveness of existing regulations: (a) Within 90

designated as significant will not be subject to review days of the date of this Executive order, each agency

under this section unless, within 10 working days of shall submit to OIRA a program, consistent with its

receipt of the list, the Administrator of OIRA notifies resources and regulatory priorities, under which the

the agency that OIRA has determined that a planned agency will periodically review its existing significant

regulation is a significant regulatory action within the regulations to determine whether any such regula

meaning of this Executive order. The Administrator of tions should be modified or eliminated so as to make QIRA may waive review of any planned regulatory the agency's regulatory program more effective in

action designated by the agency as significant, in achieving the regulatory objectives, less burdensome, which case the agency need not further comply with or in greater alignment with the President's priorities subsection (a)(3)(B) or subsection (a)(3)(C) of this secand the principles set forth in this Executive order. tion. Any significant regulations selected for review shall be (B) For each matter identified as, or determined by included in the agency's annual Plan. The agency the Administrator of OIRA to be, a significant regulashall also identify any legislative mandates that re- tory action, the issuing agency shall provide to OIRA: quire the agency to promulgate or continue to impose (1) The text of the draft regulatory action, together regulations that the agency believes are unnecessary with a reasonably detailed description of the need for or outdated by reason of changed circumstances.

the regulatory action and an explanation of how the (b) The Administrator of OIRA shall work with the

regulatory action will meet that need; and Regulatory Working Group and other interested entities to pursue the objectives of this section. State,

(11) An assessment of the potential costs and benefits local, and tribal governments are specifically encour

of the regulatory action, including an explanation of aged to assist in the identification of regulations that

the manner in which the regulatory action is consistimpose significant or unique burdens on those govern

ent with a statutory mandate and, to the extent per: mental entities and that appear to have outlived their

mitted by law, promotes the President's priorities and justification or be otherwise inconsistent with the

avoids undue interference with State, local, and tribal public interest.

governments in the exercise of their governmental (c) The Vice President, in consultation with the Ad

functions. visors, may identify for review by the appropriate (C) For those matters identified as, or determined by agency or agencies other existing regulations of an the Administrator of OIRA to be, a significant regulaagency or groups of regulations of more than one tory action within the scope of section 3(f)(1), the agency that affect a particular group, industry, or agency shall also provide to OIRA the following addisector of the economy, or may identify legislative tional information developed as part of the agency's mandates that may be appropriate for reconsideration decision-making process (unless prohibited by law): by the Congress.

(1) An assessment, including the underlying analysis, SEC. 6. Centralized Review of Regulations. The of benefits anticipated from the regulatory action guidelines set forth below shall apply to all regulatory (such as, but not limited to, the promotion of the efflactions, for both new and existing regulations, by cient functioning of the economy and private markets, agencies other than those agencies specifically ex- the enhancement of health and safety, the protection empted by the Administrator of OIRA:

of the natural environment, and the elimination or re

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duction of discrimination or bias) together with, to the extent feasible, a quantification of those benefits;

(ii) An assessment, including the underlying analysis, of costs anticipated from the regulatory action (such as, but not limited to, the direct cost both to the government in administering the regulation and to businesses and others in complying with the regulation, and any adverse effects on the efficient functioning of the economy, private markets (including productivity, employment, and competitiveness), health, safety, and the natural environment), together with, to the extent feasible, a quantification of those costs; and

(iil) An assessment, including the underlying analy. sis, of costs and benefits of potentially effective and reasonably feasible alternatives to the planned regulation, identified by the agencies or the public (including improving the current regulation and reasonably viable nonregulatory actions), and an explanation why the planned regulatory action is preferable to the identified potential alternatives.

(D) In emergency situations or when an agency is obligated by law to act more quickly than normal review procedures allow, the agency shall notify OIRA as soon as possible and, to the extent practicable, comply with subsections (a)(3)B) and (C) of this section. For those regulatory actions that are governed by a statutory or court-imposed deadline, the agency shall, to the extent practicable, schedule rulemaking proceedings so as to permit sufficient time for OIRA to conduct its review, as set forth below in subsection (b)(2) through (4) of this section.

(E) After the regulatory action has been published in the Federal Register or otherwise issued to the public, the agency shall:

(1) Make available to the public the information set forth in subsections (a)(3XB) and (C);

(i) Identify for the public, in a complete, clear, and simple manner, the substantive changes between the draft submitted to OIRA for review and the action subsequently announced; and

(ul) Identify for the public those changes in the reg. ulatory action that were made at the suggestion or recommendation of OIRA.

(F) All information provided to the public by the agency shall be in plain, understandable language.

(b) OIRA Responsibilities. The Administrator of OIRA shall provide meaningful guidance and oversight so that each agency's regulatory actions are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order and do not conflict with the policies or actions of another agency. OIRA shall, to the extent permitted by law, adhere to the following guidelines:

(1) OIRA may review only actions identified by the agency or by OIRA as significant regulatory actions under subsection (a)(3)(A) of this section.

(2) OIRA shall waive review or notify the agency in writing of the results of its review within the following time periods:

(A) For any notices of inquiry, advance notices of proposed rulemaking, or other preliminary regulatory actions prior to a Notice of Proposed Rulemaking, within 10 working days after the date of submission of the draft action to OIRA;

(B) For all other regulatory actions, within 90 calendar days after the date of submission of the information set forth in subsections (a)(3XB) and (C) of this section, unless OIRA has previously reviewed this information and, since that review, there has been no material change in the facts and circumstances upon which the regulatory action is based, in which case, OIRA shall complete its review within 45 days; and

(C) The review process may be extended (1) once by no more than 30 calendar days upon the written approval of the Director and (2) at the request of the agency head.

(3) For each regulatory action that the Administrator of OIRA returns to an agency for further consideration of some or all of its provisions, the Administra

tor of OIRA shall provide the issuing agency a written explanation for such return, setting forth the pertinent provision of this Executive order on which OIRA is relying. If the agency head disagrees with some or all of the bases for the return, the agency head shall so inform the Administrator of OIRA in writing.

(4) Except as otherwise provided by law or required by a Court, in order to ensure greater openness, accessibility, and accountability in the regulatory review process, OIRA shall be governed by the following disclosure requirements:

(A) Only the Administrator of OIRA (or a particular designee) shall receive oral communications initiated by persons not employed by the executive branch of the Federal Government regarding the substance of a regulatory action under OIRA review;

(B) All substantive communications between OIRA personnel and persons not employed by the executive branch of the Federal Government regarding a regulatory action under review shall be governed by the following guidelines: (i) A representative from the issuing agency shall be invited to any meeting between OIRA personnel and such person(s);

(ii) OIRA shall forward to the issuing agency, within 10 working days of receipt of the communication(s), all written communications, regardless of format, between OIRA personnel and any person who is not employed by the executive branch of the Federal Government, and the dates and names of individuals in. volved in all substantive oral communications (including meetings to which an agency representative was invited, but did not attend, and telephone conversations between OIRA personnel and any such persons); and

(iii) OIRA shall publicly disclose relevant information about such communication(s), as set forth below in subsection (b)(4)(C) of this section.

(C) OIRA shall maintain a publicly available log that shall contain, at a minimum, the following information pertinent to regulatory actions under review:

(1) The status of all regulatory actions, including if (and if so, when and by whom) Vice Presidential and Presidential consideration was requested;

(ii) A notation of all written communications forwarded to an issuing agency under subsection (b)(4)(B)(ii) of this section; and

(iii) The dates and names of individuals involved in all substantive oral communications, including meetings and telephone conversations, between OIRA personnel and any person not employed by the executive branch of the Federal Government, and the subject matter discussed during such communications.

(D) After the regulatory action has been published in the Federal Register or otherwise issued to the public, or after the agency has announced its decision not to publish or issue the regulatory action, OIRA shall make available to the public all documents exchanged between OIRA and the agency during the review by OIRA under this section.

(5) All information provided to the public by OIRA shall be in plain, understandable language.

SEC. 7. Resolution of Conflicts. To the extent permitted by law, disagreements or conflicts between or among agency heads or between OMB and any agency that cannot be resolved by the Administrator of OIRA shall be resolved by the President, or by the Vice President acting at the request of the President, with the relevant agency head (and, as appropriate, other interested government officials), Vice Presidential and Presidential consideration of such disagreements may be initiated only by the Director, by the head of the issuing agency, or by the head of an agency that has a significant interest in the regulatory action at issue. Such review will not be undertaken at the request of other persons, entities, or their agents.

Resolution of such conflicts shall be informed by recommendations developed by the Vice President, after consultation with the Advisors (and other executive branch officials or personnel whose responsibil

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