Regulatory Planning and ReviewWith this Executive order, the Federal Government begins a program toreform and make more efficient the regulatory process. The objectives ofthis Executive order are to enhance planning and coordination with respectto both new and existing regulations; to reaffirm the primacy of Federalagencies in the regulatory decision-making process; to restore the integrityand legitimacy of regulatory review and oversight; and to make the processmore accessible and open to the public. In pursuing these objectives, theregulatory process shall be conducted so as to meet applicable statutoryrequirements and with due regard to the discretion that has been entrustedto the Federal agencies.The American people deserve a regulatory system that works for them,not against them: a regulatory system that protects and improves their health,safety, environment, and well-being and improves the performance of theeconomy without imposing unacceptable or unreasonable costs on society;regulatory policies that recognize that the private sector and private marketsare the best engine for economic growth; regulatory approaches that respectthe role of State, local, and tribal governments; and regulations that areeffective, consistent, sensible, and understandable. We do not have sucha regulatory system today.William Jefferson "Bill" Clinton WJC_be1634b0-6a23-11e4-9b2c-a52504f0861bPresident of the United StatesFederal AgenciesSec. 2. Organization. An efficient regulatory planning and review processis vital to ensure that the Federal Government’s regulatory system bestserves the American people.(a) The Agencies. Because Federal agencies are the repositories of significant substantive expertise and experience, they are responsible for developingregulations and assuring that the regulations are consistent with applicablelaw, the President’s priorities, and the principles set forth in this Executiveorder.Office of Management and Budget(b) The Office of Management and Budget. Coordinated review of agencyrulemaking is necessary to ensure that regulations are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order, and that decisions made by one agency do not conflict withthe policies or actions taken or planned by another agency. The Officeof Management and Budget (OMB) shall carry out that review function.Office of Information and Regulatory Affairs (OIRA)Within OMB, the Office of Information and Regulatory Affairs (OIRA) is the repository of expertise concerning regulatory issues, including methodologies and procedures that affect more than one agency, this Executive order, and the President's regulatory policies. To the extent permitted by law, OMB shall provide guidance to agencies and assist the President, the Vice President, and other regulatory policy advisors to the President in regulatory planning and shall be the entity that reviews individual regulations, as provided by this Executive order.Vice President(c) The Vice President. The Vice President is the principal advisor tothe President on, and shall coordinate the development and presentationof recommendations concerning, regulatory policy, planning, and review,as set forth in this Executive order. In fulfilling their responsibilities underthis Executive order, the President and the Vice President shall be assistedby the regulatory policy advisors within the Executive Office of the Presidentand by such agency officials and personnel as the President and the VicePresident may, from time to time, consult.Regulatory Working GroupRegulatory Working Group. Within 30 days of the date of this Executiveorder, the Administrator of OIRA shall convene a Regulatory Working Group("Working Group"), which shall consist of representatives of the heads ofeach agency that the Administrator determines to have significant domesticregulatory responsibility, the Advisors, and the Vice President. The Administrator of OIRA shall chair the Working Group and shall periodically advise the Vice President on the activities of the Working Group. The WorkingGroup shall serve as a forum to assist agencies in identifying and analyzingimportant regulatory issues (including, among others (1) the developmentof innovative regulatory techniques, (2) the methods, efficacy, and utilityof comparative risk assessment in regulatory decision-making, and (3) thedevelopment of short forms and other streamlined regulatory approachesfor small businesses and other entities). The Working Group shall meetat least quarterly and may meet as a whole or in subgroups of agencieswith an interest in particular issues or subject areas. To inform its discussions,the Working Group may commission analytical studies and reports by OIRA,the Administrative Conference of the United States, or any other agency._be163848-6a23-11e4-9b2c-a52504f0861bTo reform and make more efficient the regulatory process._be1639e2-6a23-11e4-9b2c-a52504f0861bNecessitySection 1. Statement of Regulatory Philosophy and Principles.(a) The Regulatory Philosophy. Federal agencies should promulgate onlysuch regulations as are required by law, are necessary to interpret the law,or are made necessary by compelling public need, such as material failuresof private markets to protect or improve the health and safety of the public,the environment, or the well-being of the American people.Public NeedsHealthSafetyEnvironmentWell-BeingCost/Benefit AnalysisIn deciding whether and how to regulate, agencies should assess all costs and benefits of available regulatory alternatives, including the alternative of not regulating.Quantifiable MeasuresCosts and benefits shall be understood to include both quantifiable measures (to the fullest extent that these can be usefully estimated) and qualitative measures of costs and benefits that are difficult to quantify, but nevertheless essential to consider.Qualitative MeasuresBenefit OptimizationFurther, in choosing among alternative regulatory approaches, agencies should select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity), unless a statute requires another regulatory approach.EquityConsistency(b) The Principles of Regulation. To ensure that the agencies' regulatoryprograms are consistent with the philosophy set forth above, agencies shouldadhere to the following principles, to the extent permitted by law andwhere applicable: [Note: In this StratML rendition, the principles are documented as goals.]Problem IdentificationIdentify the problem to be addressed_be163afa-6a23-11e4-9b2c-a52504f0861b1Each agency shall identify the problem that it intends to address (including, where applicable, the failures of private markets or public institutions that warrant new agency action) as well as assess the significance of that problem._be163c4e-6a23-11e4-9b2c-a52504f0861bExisting Laws & RegulationsExamine whether existing regulations (or other law) have created, or contributed to, the problem._be164478-6a23-11e4-9b2c-a52504f0861b2Each agency shall examine whether existing regulations (or other law) have created, or contributed to, the problem that a new regulation is intended to correct and whether those regulations (or other law) should be modified to achieve the intended goal of regulation more effectively._be1644fa-6a23-11e4-9b2c-a52504f0861bRegulatory AlternativesIdentify and assess available alternatives to direct regulation._be1644fb-6a23-11e4-9b2c-a52504f0861b3Each agency shall identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior behavior, such as user fees or marketable permits, or providinginformation upon which choices can be made by the public._be1644fc-6a23-11e4-9b2c-a52504f0861bRisk AnalysisConsider the degree and nature of the risks._be1644fd-6a23-11e4-9b2c-a52504f0861b4In setting regulatory priorities, each agency shall consider, to the extent reasonable, the degree and nature of the risks posed by various substances or activities within its jurisdiction._be164522-6a23-11e4-9b2c-a52504f0861bCost-EffectivenessDesign regulations in the most cost-effective manner._be164644-6a23-11e4-9b2c-a52504f0861b5When an agency determines that a regulation is the best availablemethod of achieving the regulatory objective, it shall design its regulationsin the most cost-effective manner to achieve the regulatory objective. Indoing so, each agency shall consider incentives for innovation, consistency,predictability, the costs of enforcement and compliance (to the government,regulated entities, and the public), flexibility, distributive impacts, andequity.InnovationConsider incentives for innovation_be164766-6a23-11e4-9b2c-a52504f0861b5.1Consistency & PredictabilityConsider consistency & predictability_be164888-6a23-11e4-9b2c-a52504f0861b5.2CostsConsider the costs of enforcement and compliance (to the government, regulated entities, and the public)_be164a72-6a23-11e4-9b2c-a52504f0861b5.3GovernmentRegulated EntitiesThe PublicFlexibility, Impacts & EquityConsider flexibility, distributive impacts, and equity._be164b8a-6a23-11e4-9b2c-a52504f0861b5.4Costs & BenefitsAssess both the costs and the benefits of the intended regulation._be164d56-6a23-11e4-9b2c-a52504f0861b6Each agency shall assess both the costs and the benefits of the intendedregulation and, recognizing that some costs and benefits are difficult toquantify, propose or adopt a regulation only upon a reasoned determinationthat the benefits of the intended regulation justify its costs._be164e6e-6a23-11e4-9b2c-a52504f0861bDecision-MakingBase decisions on the best reasonably obtainable scientific, technical, economic, and other information._be164f9a-6a23-11e4-9b2c-a52504f0861b7Each agency shall base its decisions on the best reasonably obtainablescientific, technical, economic, and other information concerning the needfor, and consequences of, the intended regulation._be1650d0-6a23-11e4-9b2c-a52504f0861bAlternatives & Performance ObjectivesAssess alternative forms of regulation and specify performance objectives._be1651f2-6a23-11e4-9b2c-a52504f0861b8Each agency shall identify and assess alternative forms of regulationand shall, to the extent feasible, specify performance objectives, ratherthan specifying the behavior or manner of compliance that regulated entities must adopt._be165314-6a23-11e4-9b2c-a52504f0861bInputSeek views of appropriate State, local, and tribal officials before imposing regulatory requirements._be165440-6a23-11e4-9b2c-a52504f0861b9State OfficialsLocal OfficialsTribal OfficialsWherever feasible, agencies shall seek views of appropriate State, local,and tribal officials before imposing regulatory requirements that mightsignificantly or uniquely affect those governmental entities. Each agencyshall assess the effects of Federal regulations on State, local, and tribalgovernments, including specifically the availability of resources to carryout those mandates, and seek to minimize those burdens that uniquelyor significantly affect such governmental entities, consistent with achievingregulatory objectives. In addition, as appropriate, agencies shall seek toharmonize Federal regulatory actions with related State, local, and tribalregulatory and other governmental functions._be165576-6a23-11e4-9b2c-a52504f0861bInconsistency, Incompatibility & DuplicationAvoid regulations that are inconsistent, incompatible, or duplicative._be165698-6a23-11e4-9b2c-a52504f0861b10Each agency shall avoid regulations that are inconsistent, incompatible,or duplicative with its other regulations or those of other Federal agencies._be1657d8-6a23-11e4-9b2c-a52504f0861bBurden ReductionTailor regulations to impose the least burden on society._be165904-6a23-11e4-9b2c-a52504f0861b11IndividualsBusinessesSmall CommunitiesGovernmental EntitiesEach agency shall tailor its regulations to impose the least burden on society, including individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), consistent with obtaining the regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations._be165a26-6a23-11e4-9b2c-a52504f0861bPlain LanguageMake regulations simple and easy to understand._be165cd8-6a23-11e4-9b2c-a52504f0861b12Each agency shall draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty._be165e04-6a23-11e4-9b2c-a52504f0861bPlanning_be165f44-6a23-11e4-9b2c-a52504f0861b13Sec. 4. Planning Mechanism. In order to have an effective regulatory program,to provide for coordination of regulations, to maximize consultation andthe resolution of potential conflicts at an early stage, to involve the publicand its State, local, and tribal officials in regulatory planning, and to ensurethat new or revised regulations promote the President's priorities and theprinciples set forth in this Executive order, these procedures shall be followed, , to the extent permitted by law:MeetingsConvene meetings to seek a common understanding of priorities and coordinate regulatory efforts._be16608e-6a23-11e4-9b2c-a52504f0861b13.1Vice President(a) Agencies' Policy Meeting. Early in each year's planning cycle, theVice President shall convene a meeting of the Advisors and the headsof agencies to seek a common understanding of priorities and to coordinateregulatory efforts to be accomplished in the upcoming year.Regulatory AgendaPrepare an agenda of all regulations under development or review._be1661ce-6a23-11e4-9b2c-a52504f0861b13.2Administrator of OIRAFederal Agencies(b) Unified Regulatory Agenda. For purposes of this subsection, the term"agency" or "agencies" shall also include those considered to be independentregulatory agencies, as defined in 44 U.S.C. 3502(10). Each agency shallprepare an agenda of all regulations under development or review, at atime and in a manner specified by the Administrator of OIRA. The descriptionof each regulatory action shall contain, at a minimum, a regulation identifiernumber, a brief summary of the action, the legal authority for the action,any legal deadline for the action, and the name and telephone numberof a knowledgeable agency official. Agencies may incorporate the informationrequired under 5 U.S.C. 602 and 41 U.S.C. 402 into these agendas.Regulatory PlanPrepare a Regulatory Plan (Plan) of the most important significant regulatory actions anticipated._be16632c-6a23-11e4-9b2c-a52504f0861b13.3(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 UnifiedRegulatory Agenda, beginning in 1994, each agency shall prepare a RegulatoryPlan (Plan) of the most important significant regulatory actions that theagency reasonably expects to issue in proposed or final form in that fiscalyear or thereafter. The Plan shall be approved personally by the agencyhead and shall contain at a minimum:(A) A statement of the agency’s regulatory objectives and priorities andhow 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 whetherany 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 actionrelates 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 publicmay contact for additional information about the planned regulatory action.Review_be166480-6a23-11e4-9b2c-a52504f0861b14Administrator of OIRAOIRA 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...Sec. 6. Centralized Review of Regulations. The guidelines set forth belowshall apply to all regulatory actions, for both new and existing regulations,by agencies other than those agencies specifically exempted by the Administrator of OIRA:Public ParticipationProvide the public with meaningful participation in the regulatory process._be16667e-6a23-11e4-9b2c-a52504f0861b14.1Federal Agencies(a) Agency Responsibilities. (1) Each agency shall (consistent with itsown rules, regulations, or procedures) provide the public with meaningfulparticipation in the regulatory process. In particular, before issuing a noticeof proposed rulemaking, each agency should, where appropriate, seek theinvolvement of those who are intended to benefit from and those expectedto be burdened by any regulation (including, specifically, State, local, andtribal officials). In addition, each agency should afford the public a opportunity to comment on any proposed regulation, which in most cases should include a comment period of not less than 60 days. Each agency also is directed to explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking.Regulatory Policy OfficersDesignate a Regulatory Policy Officer who shall report to the agency head._be1667e6-6a23-11e4-9b2c-a52504f0861b14.2Federal AgenciesRegulatory Policy OfficersThe Regulatory Policy Officer shall be involved at each stage ofthe regulatory process to foster the development of effective, innovative,and least burdensome regulations and to further the principles set forthin this Executive order.(2) Within 60 days of the date of this Executive order, each agency headshall designate a Regulatory Policy Officer who shall report to the agencyhead.TimelinessDevelop regulatory actions in a timely fashion._be166958-6a23-11e4-9b2c-a52504f0861b14.3Federal Agencies(3) In addition to adhering to its own rules and procedures and to therequirements of the Administrative Procedure Act, the Regulatory Flexibility Act, the Paperwork Reduction Act, and other applicable law, each agency shall develop its regulatory actions in a timely fashion and adhere to the following procedures with respect to a regulatory action:Planned ActionsProvide a list of its planned regulatory actions, indicating which are significant._be166a98-6a23-11e4-9b2c-a52504f0861b14.3.1Federal AgenciesAdministrator of OIRA(A) Each agency shall provide OIRA, at such times and in the mannerspecified by the Administrator of OIRA, with a list of its planned regulatory actions, indicating those which the agency believes are significant regulatory actions within the meaning of this Executive order. Absent a material change in the development of the planned regulatory action, those not designated as significant will not be subject to review under this section unless, within 10 working days of receipt of the list, the Administrator of OIRA notifies the agency that OIRA has determined that a planned regulation is a significant regulatoryaction within the meaning of this Executive order. The Administrator of OIRA may waive review of any planned regulatory action designated by the agency as significant, in which case the agency need not further comply with subsection (a)(3)(B) or subsection (a)(3)(C) of this section.(B) For each matter identified as, or determined by the Administrator of OIRA to be, a significant regulatory action, the issuing agency shall provide to OIRA:(i) The text of the draft regulatory action, together with a reasonably detailed description of the need for the regulatory action and an explanation of how the regulatory action will meet that need; and(ii) An assessment of the potential costs and benefits of the regulatory action, including an explanation of the manner in which the regulatory action is consistent with a statutory mandate and, to the extent permitted by law, promotes the President's priorities and avoids undue interference with State, local, and tribal governments in the exercise of their governmental functions.Additional InformationFor significant matters provide additional information._be166bec-6a23-11e4-9b2c-a52504f0861b14.3.2(C) For those matters identified as, or determined by the of OIRA to be, a significant regulatory action within the scope of section 3(f)(1), the agency shall also provide to OIRA the following additional information developed as part of the agency's decision-making process (unless prohibited by law): (i) An assessment, including the underlying analysis, of benefits anticipated from the regulatory action (such as, but not limited to, the promotion of the efficient functioning of the economy and private markets, the enhancement of health and safety, the protection of the natural environment, and the elimination or reduction 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 (iii) An assessment, including the underlying analysis, 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.Emergency RulesIn emergency situations or when an agency is obligated by law to act more quickly than normal review procedures allow, notify OIRA as soon as possible._be166d68-6a23-11e4-9b2c-a52504f0861b14.3.3Federal Agencies(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 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.Post-Publication Information_be166f20-6a23-11e4-9b2c-a52504f0861b14.3.4The Public(E) After the regulatory action has been published in the Federal Register or otherwise issued to the public, the agency shall:(i) Make available to the public the information set forth in subsections (a)(3)(B) and (C);(ii) 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 (iii) Identify for the public those changes in the regulatory action that were made at the suggestion or recommendation of OIRA.Plain LanguageProvide information to the public in plain, understandable language._be167088-6a23-11e4-9b2c-a52504f0861b14.3.5Federal Agencies(F) All information provided to the public by the agency shall be in plain, understandable language.Conflict Resolution_be167218-6a23-11e4-9b2c-a52504f0861b15Sec. 7. Resolution of Conflicts. To the extent permitted by law, disagreementsor 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 otherexecutive branch officials or personnel whose responsibilities to the Presidentinclude the subject matter at issue). The development of these recommendations shall be concluded within 60 days after review has been requested.During the Vice Presidential and Presidential review period, communicationswith any person not employed by the Federal Government relating to thesubstance of the regulatory action under review and directed to the Advisorsor their staffs or to the staff of the Vice President shall be in writingand shall be forwarded by the recipient to the affected agency(ies) for inclusion in the public docket(s). When the communication is not in writing,such Advisors or staff members shall inform the outside party that thematter is under review and that any comments should be submitted inwriting.At the end of this review process, the President, or the Vice Presidentacting at the request of the President, shall notify the affected agency andthe Administrator of OIRA of the President's decision with respect to thematter._be167434-6a23-11e4-9b2c-a52504f0861bPublication_be1675b0-6a23-11e4-9b2c-a52504f0861b16Sec. 8. Publication. Except to the extent required by law, an agency shallnot publish in the Federal Register or otherwise issue to the public anyregulatory action that is subject to review under section 6 of this Executiveorder until (1) the Administrator of OIRA notifies the agency that OIRAhas waived its review of the action or has completed its review withoutany requests for further consideration, or (2) the applicable time periodin section 6(b)(2) expires without OIRA having notified the agency thatit is returning the regulatory action for further consideration under section6(b)(3), whichever occurs first. If the terms of the preceding sentence havenot been satisfied and an agency wants to publish or otherwise issue a regulatory action, the head of that agency may request Presidential consideration through the Vice President, as provided under section 7 of this order.Upon receipt of this request, the Vice President shall notify OIRA andthe Advisors. The guidelines and time period set forth in section 7 shallapply to the publication of regulatory actions for which Presidential consideration has been sought._be16774a-6a23-11e4-9b2c-a52504f0861b1993-09-302014-11-11OwenAmburOwen.Ambur@verizon.net