Regulatory Planning and ReviewWith this Executive order, the Federal Government begins a program to reform and make more efficient the regulatory process. The objectives of this Executive order are to enhance planning and coordination with respect to both new and existing regulations; to reaffirm the primacy of Federal agencies in the regulatory decision-making process; to restore the integrity and legitimacy of regulatory review and oversight; and to make the process more accessible and open to the public. In pursuing these objectives, the regulatory process shall be conducted so as to meet applicable statutory requirements and with due regard to the discretion that has been entrusted to 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 the economy without imposing unacceptable or unreasonable costs on society; regulatory policies that recognize that the private sector and private markets are the best engine for economic growth; regulatory approaches that respect the role of State, local, and tribal governments; and regulations that are effective, consistent, sensible, and understandable. We do not have such a 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 process is vital to ensure that the Federal Government’s regulatory system best serves the American people. (a) The Agencies. Because Federal agencies are the repositories of significant substantive expertise and experience, they are responsible for developing regulations and assuring that the regulations are consistent with applicable law, the President’s priorities, and the principles set forth in this Executive order.Office of Management and Budget(b) The Office of Management and Budget. Coordinated review of agency rulemaking 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 with the policies or actions taken or planned by another agency. The Office of 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 to the President on, and shall coordinate the development and presentation of recommendations concerning, regulatory policy, planning, and review, as set forth in this Executive order. In fulfilling their responsibilities under this Executive order, the President and the Vice President shall be assisted by the regulatory policy advisors within the Executive Office of the President and by such agency officials and personnel as the President and the Vice President may, from time to time, consult.Regulatory Working GroupRegulatory 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 representatives of the heads of each agency that the Administrator determines to have significant domestic regulatory 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 Working Group shall serve as a forum to assist agencies in identifying and analyzing important regulatory issues (including, among others (1) the development of innovative regulatory techniques, (2) the methods, efficacy, and utility of comparative risk assessment in regulatory decision-making, and (3) the development of short forms and other streamlined regulatory approaches for small businesses and other entities). The Working Group shall meet at least quarterly and may meet as a whole or in subgroups of agencies with 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 only such regulations as are required by law, are necessary to interpret the law, or are made necessary by compelling public need, such as material failures of 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' regulatory programs are consistent with the philosophy set forth above, agencies should adhere to the following principles, to the extent permitted by law and where 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 providing information 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 available method of achieving the regulatory objective, it shall design its regulations in the most cost-effective manner to achieve the regulatory objective. In doing 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, and equity.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 intended regulation and, recognizing that some costs and benefits are difficult to quantify, propose or adopt a regulation only upon a reasoned determination that 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 obtainable scientific, technical, economic, and other information concerning the need for, 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 regulation and shall, to the extent feasible, specify performance objectives, rather than 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 might significantly or uniquely affect those governmental entities. Each agency shall assess the effects of Federal regulations on State, local, and tribal governments, including specifically the availability of resources to carry out those mandates, and seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving regulatory objectives. In addition, as appropriate, agencies shall seek to harmonize Federal regulatory actions with related State, local, and tribal regulatory 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 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: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, 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.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 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.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 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.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 below shall 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 its own rules, regulations, or procedures) provide the public with meaningful participation in the regulatory process. In particular, before issuing a notice of proposed rulemaking, each agency should, where appropriate, seek the involvement of those who are intended to benefit from and those expected to be burdened by any regulation (including, specifically, State, local, and tribal 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 of the regulatory process to foster the development of effective, innovative, and least burdensome regulations and to further the principles set forth in this Executive order.(2) Within 60 days of the date of this Executive order, each agency head shall designate a Regulatory Policy Officer who shall report to the agency head.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 the requirements 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 manner specified 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 regulatory action 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, 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 responsibilities to the President include 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, communications with any person not employed by the Federal Government relating to the substance of the regulatory action under review and directed to the Advisors or their staffs or to the staff of the Vice President shall be in writing and 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 the matter is under review and that any comments should be submitted in writing. At the end of this review process, the President, or the Vice President acting at the request of the President, shall notify the affected agency and the Administrator of OIRA of the President's decision with respect to the matter._be167434-6a23-11e4-9b2c-a52504f0861bPublication_be1675b0-6a23-11e4-9b2c-a52504f0861b16Sec. 8. Publication. Except to the extent required by law, an agency shall not publish in the Federal Register or otherwise issue to the public any regulatory action that is subject to review under section 6 of this Executive order until (1) the Administrator of OIRA notifies the agency that OIRA has waived its review of the action or has completed its review without any requests for further consideration, or (2) the applicable time period in section 6(b)(2) expires without OIRA having notified the agency that it is returning the regulatory action for further consideration under section 6(b)(3), whichever occurs first. If the terms of the preceding sentence have not 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 and the Advisors. The guidelines and time period set forth in section 7 shall apply to the publication of regulatory actions for which Presidential consideration has been sought._be16774a-6a23-11e4-9b2c-a52504f0861b1993-09-302014-11-11http://www.archives.gov/federal-register/executive-orders/pdf/12866.pdfOwenAmburOwen.Ambur@verizon.net