Title 5 — Government Organization and Employees — § 601. Definitions
Summary
These pages (169 to 222) of Title 5 of the United States Code print the end of section 596 and sections 601 to 603, the opening of chapter 6 on regulatory flexibility. Section 601 defines its terms: 'small business' has the same meaning as 'small business concern' under section 3 of the Small Business Act, and 'small entity' covers small businesses, small organizations and small governmental jurisdictions. Most of the pages are notes under section 601 that reprint executive orders, among them orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review). Section 602 requires a regulatory flexibility agenda, sent to the Chief Counsel for Advocacy of the Small Business Administration, and section 603 sets out the initial regulatory flexibility analysis.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Page 169 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
§ 596. Authorization of appropriations 1982—Pub. L. 97–330 substituted provisions author-
izing appropriations of not to exceed $2,300,000 for fiscal
There are authorized to be appropriated to year ending Sept. 30, 1982, and not to exceed $2,300,000
carry out this subchapter not more than for each fiscal year thereafter up to and including fis-
$3,200,000 for fiscal year 2009, $3,200,000 for fiscal cal year ending Sept. 30, 1986, for provisions that had
year 2010, and $3,200,000 for fiscal year 2011. Of authorized appropriations of not to exceed $1,700,000 for
any amounts appropriated under this section, fiscal year ending Sept. 30, 1979, $2,000,000 for fiscal year
ending Sept. 30, 1980, $2,300,000 for fiscal year ending
not more than $2,500 may be made available in
Sept. 30, 1981, and $2,300,000 for fiscal year ending Sept.
each fiscal year for official representation and 30, 1982.
entertainment expenses for foreign dignitaries. 1978—Pub. L. 95–293 substituted provisions author-
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 391, § 576; izing appropriations for fiscal years ending Sept. 30,
1979, Sept. 30, 1980, Sept. 30, 1981, and Sept. 30, 1982, of
Pub. L. 91–164, Dec. 24, 1969, 83 Stat. 446; Pub. L. $1,700,000, $2,000,000, $2,300,000, and $2,300,000, respec-
92–526, § 2, Oct. 21, 1972, 86 Stat. 1048; Pub. L. tively, for provisions authorizing appropriations for fis-
95–293, § 1(a), June 13, 1978, 92 Stat. 317; Pub. L. cal years ending June 30, 1974, June 30, 1975, June 30,
97–330, Oct. 15, 1982, 96 Stat. 1618; Pub. L. 99–470, 1976, June 30, 1977, and June 30, 1978, of $760,000, $805,000,
§ 2(a), Oct. 14, 1986, 100 Stat. 1198; Pub. L. 101–422, $850,000, $900,000, and $950,000, respectively, and provi-
§ 1, Oct. 12, 1990, 104 Stat. 910; renumbered § 596, sions authorizing for each fiscal year thereafter such
Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944; sums as may be necessary.
1972—Pub. L. 92–526 substituted provisions author-
Pub. L. 108–401, § 3, Oct. 30, 2004, 118 Stat. 2255;
izing to be appropriated necessary sums not in excess of
Pub. L. 110–290, § 2, July 30, 2008, 122 Stat. 2914.) $760,000 for fiscal year ending June 30, 1974, $805,000 for
HISTORICAL AND REVISION NOTES fiscal year ending June 30, 1975, $850,000 for fiscal year
ending June 30, 1976, $900,000 for fiscal year ending June
Revised Statutes and 30, 1977, and $950,000 for fiscal year ending June 30, 1978,
Derivation U.S. Code Statutes at Large and each fiscal year thereafter, for provisions author-
izing to be appropriated necessary sums, not in excess
.................. 5 U.S.C. 1045e. Aug. 30, 1964, Pub. L. 88–499,
§ 7, 78 Stat. 618.
of $450,000 per annum.
1969—Pub. L. 91–164 substituted ‘‘$450,000 per annum’’
for ‘‘$250,000’’.
The word ‘‘hereby’’ is omitted as unnecessary.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined Statutory Notes and Related Subsidiaries
in the preface to the report. EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–293, § 1(b), June 13, 1978, 92 Stat. 317, pro-
Editorial Notes
vided that: ‘‘The amendment made by subsection (a)
AMENDMENTS [amending this section] shall take effect October 1,
1977.’’
2008—Pub. L. 110–290 amended section generally. Prior
to amendment, text read as follows: ‘‘There are author- CHAPTER 6—THE ANALYSIS OF
ized to be appropriated to carry out this subchapter not REGULATORY FUNCTIONS
more than $3,000,000 for fiscal year 2005, $3,100,000 for
fiscal year 2006, and $3,200,000 for fiscal year 2007. Of any Sec.
amounts appropriated under this section, not more 601. Definitions.
than $2,500 may be made available in each fiscal year 602. Regulatory agenda.
for official representation and entertainment expenses 603. Initial regulatory flexibility analysis.
for foreign dignitaries.’’ 604. Final regulatory flexibility analysis.
2004—Pub. L. 108–401 reenacted section catchline 605. Avoidance of duplicative or unnecessary anal-
without change and amended text generally. Prior to yses.
amendment, text read as follows: ‘‘There are authorized 606. Effect on other law.
to be appropriated to carry out the purposes of this 607. Preparation of analyses.
subchapter not more than $2,000,000 for fiscal year 1990, 608. Procedure for waiver or delay of completion.
609. Procedures for gathering comments.
$2,100,000 for fiscal year 1991, $2,200,000 for fiscal year
610. Periodic review of rules.
1992, $2,300,000 for fiscal year 1993, and $2,400,000 for fis- 611. Judicial review.
cal year 1994. Of any amounts appropriated under this 612. Reports and intervention rights.
section, not more than $1,500 may be made available in
each fiscal year for official representation and enter- § 601. Definitions
tainment expenses for foreign dignitaries.’’
1992—Pub. L. 102–354 renumbered section 576 of this For purposes of this chapter—
title as this section. (1) the term ‘‘agency’’ means an agency as
1990—Pub. L. 101–422 amended section generally. Prior defined in section 551(1) of this title;
to amendment, section read as follows: ‘‘There are au- (2) the term ‘‘rule’’ means any rule for which
thorized to be appropriated to carry out the purposes of the agency publishes a general notice of pro-
this subchapter not more than $1,600,000 for fiscal year posed rulemaking pursuant to section 553(b) of
1986 and not more than $2,000,000 for each fiscal year
thereafter up to and including fiscal year 1990. Of any
this title, or any other law, including any rule
amounts appropriated under this section, not more of general applicability governing Federal
than $1,000 may be made available in each fiscal year grants to State and local governments for
for official reception and entertainment expenses for which the agency provides an opportunity for
foreign dignitaries.’’ notice and public comment, except that the
1986—Pub. L. 99–470 substituted ‘‘Authorization of ap- term ‘‘rule’’ does not include a rule of par-
propriations’’ for ‘‘Appropriations’’ in section catchline ticular applicability relating to rates, wages,
and amended text generally. Prior to amendment, text corporate or financial structures or reorga-
read as follows: ‘‘There are authorized to be appro-
priated to carry out the purposes of this subchapter
nizations thereof, prices, facilities, appliances,
sums not to exceed $2,300,000 for the fiscal year ending services, or allowances therefor or to valu-
September 30, 1982, and not to exceed $2,300,000 for each ations, costs or accounting, or practices relat-
fiscal year thereafter up to and including the fiscal ing to such rates, wages, structures, prices, ap-
year ending September 30, 1986.’’ pliances, services, or allowances;
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 170
(3) the term ‘‘small business’’ has the same Statutory Notes and Related Subsidiaries
meaning as the term ‘‘small business concern’’ EFFECTIVE DATE OF 1996 AMENDMENT
under section 3 of the Small Business Act, un-
less an agency, after consultation with the Of- Pub. L. 104–121, title II, § 245, Mar. 29, 1996, 110 Stat.
868, provided that: ‘‘This subtitle [subtitle D (§§ 241–245)
fice of Advocacy of the Small Business Admin-
of title II of Pub. L. 104–121, amending this section and
istration and after opportunity for public com- sections 603 to 605, 609, 611, and 612 of this title and en-
ment, establishes one or more definitions of acting provisions set out as a note under section 609 of
such term which are appropriate to the activi- this title] shall become effective on the expiration of 90
ties of the agency and publishes such defini- days after the date of enactment of this subtitle [Mar.
tion(s) in the Federal Register; 29, 1996], except that such amendments shall not apply
(4) the term ‘‘small organization’’ means any to interpretative rules for which a notice of proposed
not-for-profit enterprise which is independ- rulemaking was published prior to the date of enact-
ently owned and operated and is not dominant ment.’’
in its field, unless an agency establishes, after EFFECTIVE DATE
opportunity for public comment, one or more
Pub. L. 96–354, § 4, Sept. 19, 1980, 94 Stat. 1170, provided
definitions of such term which are appropriate that: ‘‘The provisions of this Act [enacting this chap-
to the activities of the agency and publishes ter] shall take effect January 1, 1981, except that the
such definition(s) in the Federal Register; requirements of sections 603 and 604 of title 5, United
(5) the term ‘‘small governmental jurisdic- States Code (as added by section 3 of this Act) shall
tion’’ means governments of cities, counties, apply only to rules for which a notice of proposed rule-
towns, townships, villages, school districts, or making is issued on or after January 1, 1981.’’
special districts, with a population of less SHORT TITLE OF 1996 AMENDMENT
than fifty thousand, unless an agency estab-
lishes, after opportunity for public comment, Pub. L. 104–121, § 1, Mar. 29, 1996, 110 Stat. 847, pro-
one or more definitions of such term which are vided that: ‘‘This Act [enacting sections 801 to 808 of
this title, section 657 of Title 15, Commerce and Trade,
appropriate to the activities of the agency and
and sections 1320b–15 and 1383e of Title 42, The Public
which are based on such factors as location in Health and Welfare, amending this section and sections
rural or sparsely populated areas or limited 504, 603 to 605, 609, 611, and 612 of this title, sections 665e
revenues due to the population of such juris- and 901 of Title 2, The Congress, section 648 of Title 15,
diction, and publishes such definition(s) in the section 2412 of Title 28, Judiciary and Judicial Proce-
Federal Register; dure, section 3101 of Title 31, Money and Finance, and
(6) the term ‘‘small entity’’ shall have the sections 401, 402, 403, 405, 422, 423, 425, 902, 903, 1382,
same meaning as the terms ‘‘small business’’, 1382c, 1383, and 1383c of Title 42, enacting provisions set
‘‘small organization’’ and ‘‘small govern- out as notes under this section and sections 504, 609,
mental jurisdiction’’ defined in paragraphs (3), and 801 of this title and sections 401, 402, 403, 405, 902,
1305, 1320b–15, and 1382 of Title 42, amending provisions
(4) and (5) of this section; and set out as a note under section 631 of Title 15, and re-
(7) the term ‘‘collection of information’’— pealing provisions set out as a note under section 425 of
(A) means the obtaining, causing to be ob- Title 42] may be cited as the ‘Contract with America
tained, soliciting, or requiring the disclosure Advancement Act of 1996’.’’
to third parties or the public, of facts or
opinions by or for an agency, regardless of SHORT TITLE
form or format, calling for either— Pub. L. 96–354, § 1, Sept. 19, 1980, 94 Stat. 1164, pro-
(i) answers to identical questions posed vided: ‘‘That this Act [enacting this chapter] may be
to, or identical reporting or recordkeeping cited as the ‘Regulatory Flexibility Act’.’’
requirements imposed on, 10 or more per- REGULATORY ENFORCEMENT REPORTS
sons, other than agencies, instrumental-
ities, or employees of the United States; or Pub. L. 107–198, § 4, June 28, 2002, 116 Stat. 732, pro-
(ii) answers to questions posed to agen- vided that:
‘‘(a) DEFINITION.—In this section, the term ‘agency’
cies, instrumentalities, or employees of has the meaning given that term under section 551 of
the United States which are to be used for title 5, United States Code.
general statistical purposes; and ‘‘(b) IN GENERAL.—
(B) shall not include a collection of infor- ‘‘(1) INITIAL REPORT.—Not later than December 31,
mation described under section 3518(c)(1) of 2003, each agency shall submit an initial report to—
‘‘(A) the chairpersons and ranking minority mem-
title 44, United States Code.
bers of—
(8) RECORDKEEPING REQUIREMENT.—The term ‘‘(i) the Committee on Governmental Affairs
‘‘recordkeeping requirement’’ means a require- [now Committee on Homeland Security and Gov-
ment imposed by an agency on persons to ernmental Affairs] and the Committee on Small
maintain specified records. Business and Entrepreneurship of the Senate; and
‘‘(ii) the Committee on Government Reform
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 [now Committee on Oversight and Account-
Stat. 1165; amended Pub. L. 104–121, title II, ability] and the Committee on Small Business of
§ 241(a)(2), Mar. 29, 1996, 110 Stat. 864.) the House of Representatives; and
‘‘(B) the Small Business and Agriculture Regu-
Editorial Notes latory Enforcement Ombudsman designated under
section 30(b) of the Small Business Act (15 U.S.C.
REFERENCES IN TEXT 657(b)).
Section 3 of the Small Business Act, referred to in ‘‘(2) FINAL REPORT.—Not later than December 31,
par. (3), is classified to section 632 of Title 15, Com- 2004, each agency shall submit a final report to the
merce and Trade. members and officer described under paragraph (1)
(A) and (B).
AMENDMENTS ‘‘(3) CONTENT.—The initial report under paragraph
1996—Pars. (7), (8). Pub. L. 104–121 added pars. (7) and (1) shall include information with respect to the 1-
(8). year period beginning on October 1, 2002, and the final
Page 171 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
report under paragraph (2) shall include information ‘‘(A) ensure that policies and regulations pro-
with respect to the 1-year period beginning on Octo- posed by agencies are implemented consistent with
ber 1, 2003, on each of the following: this section; and
‘‘(A) The number of enforcement actions in which ‘‘(B) compile, index, and submit annually to the
a civil penalty is assessed. Congress the written certifications received pursu-
‘‘(B) The number of enforcement actions in which ant to paragraph (1)(A).
a civil penalty is assessed against a small entity. ‘‘(3) OFFICE OF POLICY DEVELOPMENT.—The Office of
‘‘(C) The number of enforcement actions de- Policy Development shall—
scribed under subparagraphs (A) and (B) in which ‘‘(A) assess proposed policies and regulations in
the civil penalty is reduced or waived. accordance with this section;
‘‘(D) The total monetary amount of the reduc- ‘‘(B) provide evaluations of policies and regula-
tions or waivers referred to under subparagraph (C). tions that may affect family well-being to the Di-
‘‘(4) DEFINITIONS IN REPORTS.—Each report under rector of the Office of Management and Budget; and
this subsection shall include definitions selected at ‘‘(C) advise the President on policy and regu-
the discretion of the reporting agency of the terms latory actions that may be taken to strengthen the
‘enforcement actions’, ‘reduction or waiver’, and institutions of marriage and family in the United
‘small entity’ as used in the report.’’ States.
‘‘(e) ASSESSMENTS UPON REQUEST BY MEMBERS OF
ASSESSMENT OF FEDERAL REGULATIONS AND POLICIES CONGRESS.—Upon request by a Member of Congress re-
ON FAMILIES lating to a proposed policy or regulation, an agency
Pub. L. 105–277, div. A, § 101(h) [title VI, § 654], Oct. 21, shall conduct an assessment in accordance with sub-
1998, 112 Stat. 2681–480, 2681–528, as amended by Pub. L. section (c), and shall provide a certification and ration-
108–271, § 8(b), July 7, 2004, 118 Stat. 814, provided that: ale in accordance with subsection (d).
‘‘(a) PURPOSES.—The purposes of this section are to— ‘‘(f) JUDICIAL REVIEW.—This section is not intended to
‘‘(1) require agencies to assess the impact of pro- create any right or benefit, substantive or procedural,
posed agency actions on family well-being; and enforceable at law by a party against the United
‘‘(2) improve the management of executive branch States, its agencies, its officers, or any person.’’
agencies. SMALL BUSINESS REGULATORY FAIRNESS
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the term ‘agency’ has the meaning given the Pub. L. 104–121, title II, §§ 201–224, Mar. 29, 1996, 110
term ‘Executive agency’ by section 105 of title 5, Stat. 857–862, as amended by Pub. L. 110–28, title VIII,
United States Code, except such term does not in- § 8302, May 25, 2007, 121 Stat. 204, provided that:
clude the Government Accountability Office; and ‘‘SEC. 201. SHORT TITLE.
‘‘(2) the term ‘family’ means— ‘‘This title [enacting sections 801 to 808 of this title
‘‘(A) a group of individuals related by blood, mar- and section 657 of Title 15, Commerce and Trade,
riage, adoption, or other legal custody who live to- amending this section, sections 504, 603 to 605, 609, 611,
gether as a single household; and and 612 of this title, section 648 of Title 15, and section
‘‘(B) any individual who is not a member of such 2412 of Title 28, Judiciary and Judicial Procedure, en-
group, but who is related by blood, marriage, or acting provisions set out as notes under this section
adoption to a member of such group, and over half and sections 504, 609, and 801 of this title, and amending
of whose support in a calendar year is received from provisions set out as a note under section 631 of Title
such group. 15] may be cited as the ‘Small Business Regulatory En-
‘‘(c) FAMILY POLICYMAKING ASSESSMENT.—Before im- forcement Fairness Act of 1996’.
plementing policies and regulations that may affect
family well-being, each agency shall assess such ac- ‘‘SEC. 202. FINDINGS.
tions with respect to whether— ‘‘Congress finds that—
‘‘(1) the action strengthens or erodes the stability ‘‘(1) a vibrant and growing small business sector is
or safety of the family and, particularly, the marital critical to creating jobs in a dynamic economy;
commitment; ‘‘(2) small businesses bear a disproportionate share
‘‘(2) the action strengthens or erodes the authority of regulatory costs and burdens;
and rights of parents in the education, nurture, and ‘‘(3) fundamental changes that are needed in the
supervision of their children; regulatory and enforcement culture of Federal agen-
‘‘(3) the action helps the family perform its func- cies to make agencies more responsive to small busi-
tions, or substitutes governmental activity for the ness can be made without compromising the statu-
function; tory missions of the agencies;
‘‘(4) the action increases or decreases disposable in- ‘‘(4) three of the top recommendations of the 1995
come or poverty of families and children; White House Conference on Small Business involve
‘‘(5) the proposed benefits of the action justify the reforms to the way government regulations are devel-
financial impact on the family; oped and enforced, and reductions in government pa-
‘‘(6) the action may be carried out by State or local perwork requirements;
government or by the family; and ‘‘(5) the requirements of chapter 6 of title 5, United
‘‘(7) the action establishes an implicit or explicit States Code, have too often been ignored by govern-
policy concerning the relationship between the be- ment agencies, resulting in greater regulatory bur-
havior and personal responsibility of youth, and the dens on small entities than necessitated by statute;
norms of society. and
‘‘(d) GOVERNMENTWIDE FAMILY POLICY COORDINATION ‘‘(6) small entities should be given the opportunity
AND REVIEW.— to seek judicial review of agency actions required by
‘‘(1) CERTIFICATION AND RATIONALE.—With respect to chapter 6 of title 5, United States Code.
each proposed policy or regulation that may affect ‘‘SEC. 203. PURPOSES.
family well-being, the head of each agency shall— ‘‘The purposes of this title are—
‘‘(A) submit a written certification to the Direc- ‘‘(1) to implement certain recommendations of the
tor of the Office of Management and Budget and to 1995 White House Conference on Small Business re-
Congress that such policy or regulation has been garding the development and enforcement of Federal
assessed in accordance with this section; and regulations;
‘‘(B) provide an adequate rationale for implemen- ‘‘(2) to provide for judicial review of chapter 6 of
tation of each policy or regulation that may nega- title 5, United States Code;
tively affect family well-being. ‘‘(3) to encourage the effective participation of
‘‘(2) OFFICE OF MANAGEMENT AND BUDGET.—The Di- small businesses in the Federal regulatory process;
rector of the Office of Management and Budget ‘‘(4) to simplify the language of Federal regulations
shall— affecting small businesses;
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 172
‘‘(5) to develop more accessible sources of informa- tions of small entities to develop and distribute such
tion on regulatory and reporting requirements for guides. An agency may prepare guides and apply this
small businesses; section with respect to a rule or a group of related
‘‘(6) to create a more cooperative regulatory envi- rules.
ronment among agencies and small businesses that is ‘‘(6) REPORTING.—Not later than 1 year after the
less punitive and more solution-oriented; and date of enactment of the Fair Minimum Wage Act of
‘‘(7) to make Federal regulators more accountable 2007 [May 25, 2007], and annually thereafter, the head
for their enforcement actions by providing small en- of each agency shall submit a report to the Com-
tities with a meaningful opportunity for redress of mittee on Small Business and Entrepreneurship of
excessive enforcement activities. the Senate, the Committee on Small Business of the
House of Representatives, and any other committee
‘‘SUBTITLE A—REGULATORY COMPLIANCE SIMPLIFICATION of relevant jurisdiction describing the status of the
‘‘SEC. 211. DEFINITIONS. agency’s compliance with paragraphs (1) through (5).
‘‘For purposes of this subtitle— ‘‘(b) COMPREHENSIVE SOURCE OF INFORMATION.—Agen-
‘‘(1) the terms ‘rule’ and ‘small entity’ have the cies shall cooperate to make available to small entities
same meanings as in section 601 of title 5, United through comprehensive sources of information, the
States Code; small entity compliance guides and all other available
‘‘(2) the term ‘agency’ has the same meaning as in information on statutory and regulatory requirements
section 551 of title 5, United States Code; and affecting small entities.
‘‘(3) the term ‘small entity compliance guide’ ‘‘(c) LIMITATION ON JUDICIAL REVIEW.—An agency’s
means a document designated and entitled as such by small entity compliance guide shall not be subject to
an agency. judicial review, except that in any civil or administra-
tive action against a small entity for a violation occur-
‘‘SEC. 212. COMPLIANCE GUIDES.
ring after the effective date of this section, the content
‘‘(a) COMPLIANCE GUIDE.— of the small entity compliance guide may be considered
‘‘(1) IN GENERAL.—For each rule or group of related as evidence of the reasonableness or appropriateness of
rules for which an agency is required to prepare a any proposed fines, penalties or damages.
final regulatory flexibility analysis under section
605(b) [probably should be ‘‘section 604’’] of title 5, ‘‘SEC. 213. INFORMAL SMALL ENTITY GUIDANCE.
United States Code, the agency shall publish 1 or ‘‘(a) GENERAL.—Whenever appropriate in the interest
more guides to assist small entities in complying of administering statutes and regulations within the
with the rule and shall entitle such publications jurisdiction of an agency which regulates small enti-
‘small entity compliance guides’. ties, it shall be the practice of the agency to answer in-
‘‘(2) PUBLICATION OF GUIDES.—The publication of quiries by small entities concerning information on,
each guide under this subsection shall include— and advice about, compliance with such statutes and
‘‘(A) the posting of the guide in an easily identi- regulations, interpreting and applying the law to spe-
fied location on the website of the agency; and cific sets of facts supplied by the small entity. In any
‘‘(B) distribution of the guide to known industry civil or administrative action against a small entity,
contacts, such as small entities, associations, or in- guidance given by an agency applying the law to facts
dustry leaders affected by the rule. provided by the small entity may be considered as evi-
‘‘(3) PUBLICATION DATE.—An agency shall publish dence of the reasonableness or appropriateness of any
each guide (including the posting and distribution of proposed fines, penalties or damages sought against
the guide as described under paragraph (2))— such small entity.
‘‘(b) PROGRAM.—Each agency regulating the activities
‘‘(A) on the same date as the date of publication
of small entities shall establish a program for respond-
of the final rule (or as soon as possible after that
ing to such inquiries no later than 1 year after enact-
date); and
ment of this section [Mar. 29, 1996], utilizing existing
‘‘(B) not later than the date on which the require-
functions and personnel of the agency to the extent
ments of that rule become effective.
practicable.
‘‘(4) COMPLIANCE ACTIONS.—
‘‘(c) REPORTING.—Each agency regulating the activi-
‘‘(A) IN GENERAL.—Each guide shall explain the
ties of small business shall report to the Committee on
actions a small entity is required to take to comply
Small Business [now Committee on Small Business and
with a rule.
Entrepreneurship] and Committee on Governmental Af-
‘‘(B) EXPLANATION.—The explanation under sub-
fairs [now Committee on Homeland Security and Gov-
paragraph (A)—
ernmental Affairs] of the Senate and the Committee on
‘‘(i) shall include a description of actions need-
Small Business and Committee on the Judiciary of the
ed to meet the requirements of a rule, to enable
House of Representatives no later than 2 years after
a small entity to know when such requirements
the date of the enactment of this section on the scope
are met; and
of the agency’s program, the number of small entities
‘‘(ii) if determined appropriate by the agency,
using the program, and the achievements of the pro-
may include a description of possible procedures,
gram to assist small entity compliance with agency
such as conducting tests, that may assist a small
regulations.
entity in meeting such requirements, except that,
compliance with any procedures described pursu- ‘‘SEC. 214. SERVICES OF SMALL BUSINESS DEVEL-
ant to this section does not establish compliance OPMENT CENTERS.
with the rule, or establish a presumption or infer- ‘‘(a) [Amended section 648 of Title 15, Commerce and
ence of such compliance. Trade.]
‘‘(C) PROCEDURES.—Procedures described under ‘‘(b) Nothing in this Act [see Short Title of 1996
subparagraph (B)(ii)— Amendment note, above] in any way affects or limits
‘‘(i) shall be suggestions to assist small entities; the ability of other technical assistance or extension
and programs to perform or continue to perform services
‘‘(ii) shall not be additional requirements, or di- related to compliance assistance.
minish requirements, relating to the rule. ‘‘SEC. 215. COOPERATION ON GUIDANCE.
‘‘(5) AGENCY PREPARATION OF GUIDES.—The agency ‘‘Agencies may, to the extent resources are available
shall, in its sole discretion, taking into account the and where appropriate, in cooperation with the States,
subject matter of the rule and the language of rel- develop guides that fully integrate requirements of
evant statutes, ensure that the guide is written using both Federal and State regulations where regulations
sufficiently plain language likely to be understood by within an agency’s area of interest at the Federal and
affected small entities. Agencies may prepare sepa- State levels impact small entities. Where regulations
rate guides covering groups or classes of similarly af- vary among the States, separate guides may be created
fected small entities and may cooperate with associa- for separate States in cooperation with State agencies.
Page 173 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
‘‘SEC. 216. EFFECTIVE DATE. change in the level of security interests required for
‘‘This subtitle and the amendments made by this sub- such loans, and the cost of such loans to rural small
title shall take effect on the expiration of 90 days after businesses for creation and expansion;
the date of enactment of this subtitle [Mar. 29, 1996]. ‘‘(2) airline service in cities and towns with popu-
lations of 100,000 or less, including airline fare, the
‘‘SUBTITLE B—REGULATORY ENFORCEMENT REFORMS number of flights available, number of seats avail-
able, scheduling of flights, continuity of service,
‘‘SEC. 221. DEFINITIONS.
number of markets being served by large and small
‘‘For purposes of this subtitle— airlines, availability of nonstop service, availability
‘‘(1) the terms ‘rule’ and ‘small entity’ have the of direct service, number of economic cancellations,
same meanings as in section 601 of title 5, United number of flight delays, the types of airplanes used,
States Code; and time delays;
‘‘(2) the term ‘agency’ has the same meaning as in ‘‘(3) the availability and costs of bus, rail and
section 551 of title 5, United States Code; and trucking transportation for businesses located in
‘‘(3) the term ‘small entity compliance guide’ rural areas;
means a document designated as such by an agency. ‘‘(4) the availability and costs of state-of-the-art
‘‘SEC. 222. SMALL BUSINESS AND AGRICULTURE telecommunications services to small businesses lo-
ENFORCEMENT OMBUDSMAN. cated in rural areas, including voice telephone serv-
ice, private (not multiparty) telephone service, reli-
‘‘[Enacted section 657 of Title 15, Commerce and able facsimile document and data transmission, com-
Trade.] petitive long distance carriers, cellular (mobile) tele-
‘‘SEC. 223. RIGHTS OF SMALL ENTITIES IN EN- phone service, multifrequency tone signaling services
FORCEMENT ACTIONS. such as touchtone services, custom-calling services
‘‘(a) IN GENERAL.—Each agency regulating the activi- (including three-way calling, call forwarding, and call
ties of small entities shall establish a policy or pro- waiting), voicemail services, and 911 emergency serv-
gram within 1 year of enactment of this section [Mar. ices with automatic number identification;
29, 1996] to provide for the reduction, and under appro- ‘‘(5) the availability and costs to rural schools, hos-
priate circumstances for the waiver, of civil penalties pitals, and other public facilities, of sending and re-
for violations of a statutory or regulatory requirement ceiving audio and visual signals in cases where such
by a small entity. Under appropriate circumstances, an ability will enhance the quality of services provided
agency may consider ability to pay in determining pen- to rural residents and businesses; and
alty assessments on small entities. ‘‘(6) the availability and costs of services enumer-
‘‘(b) CONDITIONS AND EXCLUSIONS.—Subject to the re- ated in paragraphs (1) through (5) in urban areas com-
quirements or limitations of other statutes, policies or pared to rural areas.
‘‘(b) REPORT.—Not later than 12 months after the date
programs established under this section shall contain
of enactment of this title [Nov. 15, 1990], the Office of
conditions or exclusions which may include, but shall
Technology Assessment shall transmit to Congress a
not be limited to—
report on the results of the study conducted under sub-
‘‘(1) requiring the small entity to correct the viola-
section (a) together with its recommendations on how
tion within a reasonable correction period;
to address the problems facing small businesses in rural
‘‘(2) limiting the applicability to violations discov-
areas.’’
ered through participation by the small entity in a
compliance assistance or audit program operated or CONGRESSIONAL FINDINGS AND DECLARATION OF
supported by the agency or a State; PURPOSE
‘‘(3) excluding small entities that have been subject
Pub. L. 96–354, § 2, Sept. 19, 1980, 94 Stat. 1164, provided
to multiple enforcement actions by the agency;
that:
‘‘(4) excluding violations involving willful or crimi- ‘‘(a) The Congress finds and declares that—
nal conduct; ‘‘(1) when adopting regulations to protect the
‘‘(5) excluding violations that pose serious health, health, safety and economic welfare of the Nation,
safety or environmental threats; and Federal agencies should seek to achieve statutory
‘‘(6) requiring a good faith effort to comply with the goals as effectively and efficiently as possible with-
law. out imposing unnecessary burdens on the public;
‘‘(c) REPORTING.—Agencies shall report to the Com- ‘‘(2) laws and regulations designed for application
mittee on Small Business [now Committee on Small to large scale entities have been applied uniformly to
Business and Entrepreneurship] and Committee on small businesses, small organizations, and small gov-
Governmental Affairs [now Committee on Homeland ernmental jurisdictions even though the problems
Security and Governmental Affairs] of the Senate and that gave rise to government action may not have
the Committee on Small Business and Committee on been caused by those smaller entities;
Judiciary of the House of Representatives no later than ‘‘(3) uniform Federal regulatory and reporting re-
2 years after the date of enactment of this section quirements have in numerous instances imposed un-
[Mar. 29, 1996] on the scope of their program or policy, necessary and disproportionately burdensome de-
the number of enforcement actions against small enti- mands including legal, accounting and consulting
ties that qualified or failed to qualify for the program costs upon small businesses, small organizations, and
or policy, and the total amount of penalty reductions small governmental jurisdictions with limited re-
and waivers. sources;
‘‘(4) the failure to recognize differences in the scale
‘‘SEC. 224. EFFECTIVE DATE.
and resources of regulated entities has in numerous
‘‘This subtitle and the amendments made by this sub- instances adversely affected competition in the mar-
title shall take effect on the expiration of 90 days after ketplace, discouraged innovation and restricted im-
the date of enactment of this subtitle [Mar. 29, 1996].’’ provements in productivity;
EFFECTS OF DEREGULATION ON RURAL AMERICA ‘‘(5) unnecessary regulations create entry barriers
in many industries and discourage potential entre-
Pub. L. 101–574, title III, § 309, Nov. 15, 1990, 104 Stat. preneurs from introducing beneficial products and
2831, provided that: processes;
‘‘(a) STUDY.—The Office of Technology Assessment ‘‘(6) the practice of treating all regulated busi-
shall conduct a study of the effects of deregulation on nesses, organizations, and governmental jurisdictions
the economic vitality of rural areas. Such study shall as equivalent may lead to inefficient use of regu-
include, but not be limited to, a thorough analysis of latory agency resources, enforcement problems, and,
the impact of deregulation on— in some cases, to actions inconsistent with the legis-
‘‘(1) the number of loans made by financial institu- lative intent of health, safety, environmental and
tions to small businesses located in rural areas, a economic welfare legislation;
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 174
‘‘(7) alternative regulatory approaches which do not exercise of the power of eminent domain, which pro-
conflict with the stated objectives of applicable stat- vides orderly processes for paying just compensation,
utes may be available which minimize the significant to acquire private property for public use. Recent Su-
economic impact of rules on small businesses, small preme Court decisions, however, in reaffirming the fun-
organizations, and small governmental jurisdictions; damental protection of private property rights pro-
‘‘(8) the process by which Federal regulations are vided by the Fifth Amendment and in assessing the na-
developed and adopted should be reformed to require ture of governmental actions that have an impact on
agencies to solicit the ideas and comments of small constitutionally protected property rights, have also
businesses, small organizations, and small govern- reaffirmed that governmental actions that do not for-
mental jurisdictions to examine the impact of pro- mally invoke the condemnation power, including regu-
posed and existing rules on such entities, and to re- lations, may result in a taking for which just com-
view the continued need for existing rules. pensation is required.
‘‘(b) It is the purpose of this Act [enacting this chap- (b) Responsible fiscal management and fundamental
ter] to establish as a principle of regulatory issuance principles of good government require that government
that agencies shall endeavor, consistent with the objec- decision-makers evaluate carefully the effect of their
tives of the rule and of applicable statutes, to fit regu- administrative, regulatory, and legislative actions on
latory and informational requirements to the scale of constitutionally protected property rights. Executive
the businesses, organizations, and governmental juris- departments and agencies should review their actions
dictions subject to regulation. To achieve this prin- carefully to prevent unnecessary takings and should
ciple, agencies are required to solicit and consider account in decision-making for those takings that are
flexible regulatory proposals and to explain the ration- necessitated by statutory mandate.
ale for their actions to assure that such proposals are (c) The purpose of this Order is to assist Federal de-
given serious consideration.’’ partments and agencies in undertaking such reviews
and in proposing, planning, and implementing actions
Executive Documents with due regard for the constitutional protections pro-
vided by the Fifth Amendment and to reduce the risk
EXECUTIVE ORDER NO. 12291 of undue or inadvertent burdens on the public fisc re-
sulting from lawful governmental action. In further-
Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, which ance of the purpose of this Order, the Attorney General
established requirements for agencies to follow in pro- shall, consistent with the principles stated herein and
mulgating regulations, reviewing existing regulations, in consultation with the Executive departments and
and developing legislative proposals concerning regula- agencies, promulgate Guidelines for the Evaluation of
tion, was revoked by Ex. Ord. No. 12866, § 11, Sept. 30, Risk and Avoidance of Unanticipated Takings to which
1993, 58 F.R. 51735, set out below. each Executive department or agency shall refer in
EXECUTIVE ORDER NO. 12498 making the evaluations required by this Order or in
otherwise taking any action that is the subject of this
Ex. Ord. No. 12498, Jan. 4, 1985, 50 F.R. 1036, which es- Order. The Guidelines shall be promulgated no later
tablished a regulatory planning process by which to de- than May 1, 1988, and shall be disseminated to all units
velop and publish a regulatory program for each year, of each Executive department and agency no later than
was revoked by Ex. Ord. No. 12866, § 11, Sept. 30, 1993, 58 July 1, 1988. The Attorney General shall, as necessary,
F.R. 51735, set out below. update these guidelines to reflect fundamental changes
in takings law occurring as a result of Supreme Court
EXECUTIVE ORDER NO. 12606
decisions.
Ex. Ord. No. 12606, Sept. 2, 1987, 52 F.R. 34188, which SEC. 2. Definitions. For the purpose of this Order: (a)
provided criteria for executive departments and agen- ‘‘Policies that have takings implications’’ refers to
cies to follow in making policies and regulations to en- Federal regulations, proposed Federal regulations, pro-
sure consideration of effect of those policies and regu- posed Federal legislation, comments on proposed Fed-
lations on autonomy and rights of the family, was re- eral legislation, or other Federal policy statements
voked by Ex. Ord. No. 13045, § 7, Apr. 21, 1997, 62 F.R. that, if implemented or enacted, could effect a taking,
19888, set out as a note under section 4321 of Title 42, such as rules and regulations that propose or imple-
The Public Health and Welfare. ment licensing, permitting, or other condition require-
ments or limitations on private property use, or that
EXECUTIVE ORDER NO. 12612 require dedications or exactions from owners of private
Ex. Ord. No. 12612, Oct. 26, 1987, 52 F.R. 41685, which property. ‘‘Policies that have takings implications’’
set out fundamental federalism principles and policy- does not include:
making criteria for executive departments and agen- (1) Actions abolishing regulations, discontinuing gov-
cies to follow in formulating and implementing policies ernmental programs, or modifying regulations in a
and limited the instances when executive departments manner that lessens interference with the use of pri-
and agencies could construe a Federal statute to pre- vate property;
(2) Actions taken with respect to properties held in
empt State law, was revoked by Ex. Ord. No. 13132,
trust by the United States or in preparation for or dur-
§ 10(b), Aug. 4, 1999, 64 F.R. 43259, set out below.
ing treaty negotiations with foreign nations;
EX. ORD. NO. 12630. GOVERNMENTAL ACTIONS AND INTER- (3) Law enforcement actions involving seizure, for
FERENCE WITH CONSTITUTIONALLY PROTECTED PROP- violations of law, of property for forfeiture or as evi-
ERTY RIGHTS dence in criminal proceedings;
(4) Studies or similar efforts or planning activities;
Ex. Ord. No. 12630, Mar. 15, 1988, 53 F.R. 8859, provided: (5) Communications between Federal agencies or de-
By the authority vested in me as President by the partments and State or local land-use planning agen-
Constitution and laws of the United States of America, cies regarding planned or proposed State or local ac-
and in order to ensure that government actions are un- tions regulating private property regardless of whether
dertaken on a well-reasoned basis with due regard for such communications are initiated by a Federal agency
fiscal accountability, for the financial impact of the or department or are undertaken in response to an invi-
obligations imposed on the Federal government by the tation by the State or local authority;
Just Compensation Clause of the Fifth Amendment, (6) The placement of military facilities or military
and for the Constitution, it is hereby ordered as fol- activities involving the use of Federal property alone;
lows: or
SECTION 1. Purpose. (a) The Fifth Amendment of the (7) Any military or foreign affairs functions (includ-
United States Constitution provides that private prop- ing procurement functions thereunder) but not includ-
erty shall not be taken for public use without just com- ing the U.S. Army Corps of Engineers civil works pro-
pensation. Government historically has used the formal gram.
Page 175 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
(b) Private property refers to all property protected tions that may have a significant impact on the use or
by the Just Compensation Clause of the Fifth Amend- value of private property should be scrutinized to avoid
ment. undue or unplanned burdens on the public fisc.
(c) ‘‘Actions’’ refers to proposed Federal regulations, SEC. 4. Department and Agency Action. In addition to
proposed Federal legislation, comments on proposed the fundamental principles set forth in Section 3, Exec-
Federal legislation, applications of Federal regulations utive departments and agencies shall adhere, to the ex-
to specific property, or Federal governmental actions tent permitted by law, to the following criteria when
physically invading or occupying private property, or implementing policies that have takings implications:
other policy statements or actions related to Federal (a) When an Executive department or agency requires
regulation or direct physical invasion or occupancy, a private party to obtain a permit in order to under-
but does not include: take a specific use of, or action with respect to, private
(1) Actions in which the power of eminent domain is property, any conditions imposed on the granting of a
formally exercised; permit shall:
(2) Actions taken with respect to properties held in (1) Serve the same purpose that would have been
trust by the United States or in preparation for or dur- served by a prohibition of the use or action; and
ing treaty negotiations with foreign nations; (2) Substantially advance that purpose.
(3) Law enforcement actions involving seizure, for (b) When a proposed action would place a restriction
violations of law, of property for forfeiture or as evi- on a use of private property, the restriction imposed on
dence in criminal proceedings; the use shall not be disproportionate to the extent to
(4) Studies or similar efforts or planning activities; which the use contributes to the overall problem that
(5) Communications between Federal agencies or de- the restriction is imposed to redress.
partments and State or local land-use planning agen- (c) When a proposed action involves a permitting
cies regarding planned or proposed State or local ac- process or any other decision-making process that will
tions regulating private property regardless of whether interfere with, or otherwise prohibit, the use of private
such communications are initiated by a Federal agency property pending the completion of the process, the du-
or department or are undertaken in response to an invi- ration of the process shall be kept to the minimum nec-
tation by the State or local authority; essary.
(6) The placement of military facilities or military (d) Before undertaking any proposed action regu-
activities involving the use of Federal property alone; lating private property use for the protection of public
or health or safety, the Executive department or agency
(7) Any military or foreign affairs functions (includ- involved shall, in internal deliberative documents and
ing procurement functions thereunder), but not includ- any submissions to the Director of the Office of Man-
ing the U.S. Army Corps of Engineers civil works pro- agement and Budget that are required:
gram. (1) Identify clearly, with as much specificity as pos-
SEC. 3. General Principles. In formulating or imple- sible, the public health or safety risk created by the
menting policies that have takings implications, each private property use that is the subject of the proposed
Executive department and agency shall be guided by action;
(2) Establish that such proposed action substantially
the following general principles:
advances the purpose of protecting public health and
(a) Governmental officials should be sensitive to, an-
safety against the specifically identified risk;
ticipate, and account for, the obligations imposed by
(3) Establish to the extent possible that the restric-
the Just Compensation Clause of the Fifth Amendment
tions imposed on the private property are not dis-
in planning and carrying out governmental actions so
proportionate to the extent to which the use contrib-
that they do not result in the imposition of unantici-
utes to the overall risk; and
pated or undue additional burdens on the public fisc. (4) Estimate, to the extent possible, the potential
(b) Actions undertaken by governmental officials cost to the government in the event that a court later
that result in a physical invasion or occupancy of pri- determines that the action constituted a taking.
vate property, and regulations imposed on private prop- In instances in which there is an immediate threat to
erty that substantially affect its value or use, may con- health and safety that constitutes an emergency re-
stitute a taking of property. Further, governmental ac- quiring immediate response, this analysis may be done
tion may amount to a taking even though the action upon completion of the emergency action.
results in less than a complete deprivation of all use or SEC. 5. Executive Department and Agency Implementa-
value, or of all separate and distinct interests in the tion. (a) The head of each Executive department and
same private property and even if the action consti- agency shall designate an official to be responsible for
tuting a taking is temporary in nature. ensuring compliance with this Order with respect to
(c) Government officials whose actions are taken spe- the actions of the department or agency.
cifically for purposes of protecting public health and (b) Executive departments and agencies shall, to the
safety are ordinarily given broader latitude by courts extent permitted by law, identify the takings implica-
before their actions are considered to be takings. How- tions of proposed regulatory actions and address the
ever, the mere assertion of a public health and safety merits of those actions in light of the identified
purpose is insufficient to avoid a taking. Actions to takings implications, if any, in all required submis-
which this Order applies asserted to be for the protec- sions made to the Office of Management and Budget.
tion of public health and safety, therefore, should be Significant takings implications should also be identi-
undertaken only in response to real and substantial fied and discussed in notices of proposed rule-making
threats to public health and safety, be designed to ad- and messages transmitting legislative proposals to the
vance significantly the health and safety purpose, and Congress stating the departments’ and agencies’ con-
be no greater than is necessary to achieve the health clusions on the takings issues.
and safety purpose. (c) Executive departments and agencies shall identify
(d) While normal governmental processes do not ordi- each existing Federal rule and regulation against which
narily effect takings, undue delays in decision-making a takings award has been made or against which a
during which private property use if interfered with takings claim is pending including the amount of each
carry a risk of being held to be takings. Additionally, claim or award. A ‘‘takings’’ award has been made or a
a delay in processing may increase significantly the ‘‘takings’’ claim pending if the award was made, or the
size of compensation due if a taking is later found to pending claim brought, pursuant to the Just Compensa-
have occurred. tion Clause of the Fifth Amendment. An itemized com-
(e) The Just Compensation Clause is self-actuating, pilation of all such awards made in Fiscal Years 1985,
requiring that compensation be paid whenever govern- 1986, and 1987 and all such pending claims shall be sub-
mental action results in a taking of private property mitted to the Director, Office of Management and
regardless of whether the underlying authority for the Budget, on or before May 16, 1988.
action contemplated a taking or authorized the pay- (d) Each Executive department and agency shall sub-
ment of compensation. Accordingly, governmental ac- mit annually to the Director, Office of Management
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 176
and Budget, and to the Attorney General an itemized unreasonable costs on society; regulatory policies that
compilation of all awards of just compensation entered recognize that the private sector and private markets
against the United States for takings, including awards are the best engine for economic growth; regulatory ap-
of interest as well as monies paid pursuant to the pro- proaches that respect the role of State, local, and tribal
visions of the Uniform Relocation Assistance and Real governments; and regulations that are effective, con-
Property Acquisition Policies Act of 1970, 42 U.S.C. sistent, sensible, and understandable. We do not have
4601. such a regulatory system today.
(e)(1) The Director, Office of Management and Budg- With this Executive order, the Federal Government
et, and the Attorney General shall each, to the extent begins a program to reform and make more efficient
permitted by law, take action to ensure that the poli- the regulatory process. The objectives of this Executive
cies of the Executive departments and agencies are order are to enhance planning and coordination with
consistent with the principles, criteria, and require- respect to both new and existing regulations; to reaf-
ments stated in Sections 1 through 5 of this Order, and firm the primacy of Federal agencies in the regulatory
the Office of Management and Budget shall take action decision-making process; to restore the integrity and
to ensure that all takings awards levied against agen- legitimacy of regulatory review and oversight; and to
cies are properly accounted for in agency budget sub- make the process more accessible and open to the pub-
missions. lic. In pursuing these objectives, the regulatory process
(2) In addition to the guidelines required by Section shall be conducted so as to meet applicable statutory
1 of this Order, the Attorney General shall, in consulta- requirements and with due regard to the discretion
tion with each Executive department and agency to that has been entrusted to the Federal agencies.
which this Order applies, promulgate such supple- Accordingly, by the authority vested in me as Presi-
mental guidelines as may be appropriate to the specific dent by the Constitution and the laws of the United
obligations of that department or agency. States of America, it is hereby ordered as follows:
SECTION 1. Statement of Regulatory Philosophy and
SEC. 6. Judicial Review. This Order is intended only to
Principles.
improve the internal management of the Executive (a) The Regulatory Philosophy. Federal agencies
branch and is not intended to create any right or ben- should promulgate only such regulations as are re-
efit, substantive or procedural, enforceable at law by a quired by law, are necessary to interpret the law, or are
party against the United States, its agencies, its offi- made necessary by compelling public need, such as ma-
cers, or any person. terial failures of private markets to protect or improve
RONALD REAGAN. the health and safety of the public, the environment, or
EX. ORD. NO. 12861. ELIMINATION OF ONE-HALF OF the well-being of the American people. In deciding
whether and how to regulate, agencies should assess all
EXECUTIVE BRANCH INTERNAL REGULATIONS
costs and benefits of available regulatory alternatives,
Ex. Ord. No. 12861, Sept. 11, 1993, 58 F.R. 48255, pro- including the alternative of not regulating. Costs and
vided: benefits shall be understood to include both quantifi-
By the authority vested in me as President by the able measures (to the fullest extent that these can be
Constitution and the laws of the United States of usefully estimated) and qualitative measures of costs
America, including section 301 of title 3, United States and benefits that are difficult to quantify, but never-
Code, and section 1111 of title 31, United States Code, theless essential to consider. Further, in choosing
and to cut 50 percent of the executive branch’s internal among alternative regulatory approaches, agencies
regulations in order to streamline and improve cus- should select those approaches that maximize net bene-
tomer service to the American people, it is hereby or- fits (including potential economic, environmental, pub-
dered as follows: lic health and safety, and other advantages; distribu-
SECTION 1. Regulatory Reductions. Each executive de- tive impacts; and equity), unless a statute requires an-
partment and agency shall undertake to eliminate not other regulatory approach.
less than 50 percent of its civilian internal manage- (b) The Principles of Regulation. To ensure that the
ment regulations that are not required by law within 3 agencies’ regulatory programs are consistent with the
years of the effective date of this order. An agency in- philosophy set forth above, agencies should adhere to
ternal management regulation, for the purposes of this the following principles, to the extent permitted by law
order, means an agency directive or regulation that and where applicable:
pertains to its organization, management, or personnel (1) Each agency shall identify the problem that it
matters. Reductions in agency internal management intends to address (including, where applicable, the
regulations shall be concentrated in areas that will re- failures of private markets or public institutions that
sult in the greatest improvement in productivity, warrant new agency action) as well as assess the sig-
streamlining of operations, and improvement in cus- nificance of that problem.
(2) Each agency shall examine whether existing reg-
tomer service.
ulations (or other law) have created, or contributed
SEC. 2. Coverage. This order applies to all executive
to, the problem that a new regulation is intended to
branch departments and agencies.
correct and whether those regulations (or other law)
SEC. 3. Implementation. The Director of the Office of
should be modified to achieve the intended goal of
Management and Budget shall issue instructions re-
regulation more effectively.
garding the implementation of this order, including ex-
(3) Each agency shall identify and assess available
emptions necessary for the delivery of essential serv-
alternatives to direct regulation, including providing
ices and compliance with applicable law.
economic incentives to encourage the desired behav-
SEC. 4. Independent Agencies. All independent regu-
ior, such as user fees or marketable permits, or pro-
latory commissions and agencies are requested to com-
viding information upon which choices can be made
ply with the provisions of this order.
by the public.
WILLIAM J. CLINTON. (4) In setting regulatory priorities, each agency
EX. ORD. NO. 12866. REGULATORY PLANNING AND REVIEW shall consider, to the extent reasonable, the degree
and nature of the risks posed by various substances
Ex. Ord. No. 12866, Sept. 30, 1993, 58 F.R. 51735, as or activities within its jurisdiction.
amended by Ex. Ord. No. 13258, Feb. 26, 2002, 67 F.R. (5) When an agency determines that a regulation is
9385; Ex. Ord. No. 13422, Jan. 18, 2007, 72 F.R. 2763; Ex. the best available method of achieving the regulatory
Ord. No. 13497, § 1, Jan. 30, 2009, 74 F.R. 6113; Ex. Ord. No. objective, it shall design its regulations in the most
14094, § 1(b), Apr. 6, 2023, 88 F.R. 21879, provided: cost-effective manner to achieve the regulatory ob-
The American people deserve a regulatory system jective. In doing so, each agency shall consider incen-
that works for them, not against them: a regulatory tives for innovation, consistency, predictability, the
system that protects and improves their health, safety, costs of enforcement and compliance (to the govern-
environment, and well-being and improves the perform- ment, regulated entities, and the public), flexibility,
ance of the economy without imposing unacceptable or distributive impacts, and equity.
Page 177 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
(6) Each agency shall assess both the costs and the latory policy advisors within the Executive Office of
benefits of the intended regulation and, recognizing the President and by such agency officials and per-
that some costs and benefits are difficult to quantify, sonnel as the President and the Vice President may,
propose or adopt a regulation only upon a reasoned from time to time, consult.
determination that the benefits of the intended regu- SEC. 3. Definitions. For purposes of this Executive
lation justify its costs. order: (a) ‘‘Advisors’’ refers to such regulatory policy
(7) Each agency shall base its decisions on the best advisors to the President as the President and Vice
reasonably obtainable scientific, technical, economic, President may from time to time consult, including,
and other information concerning the need for, and among others: (1) the Director of OMB; (2) the Chair (or
consequences of, the intended regulation. another member) of the Council of Economic Advisers;
(8) Each agency shall identify and assess alter- (3) the Assistant to the President for Economic Policy;
native forms of regulation and shall, to the extent (4) the Assistant to the President for Domestic Policy;
feasible, specify performance objectives, rather than (5) the Assistant to the President for National Security
specifying the behavior or manner of compliance that Affairs; (6) the Assistant to the President for Science
regulated entities must adopt. and Technology; (7) the Assistant to the President for
(9) Wherever feasible, agencies shall seek views of Intergovernmental Affairs; (8) the Assistant to the
appropriate State, local, and tribal officials before President and Staff Secretary; (9) the Assistant to the
imposing regulatory requirements that might signifi- President and Chief of Staff to the Vice President; (10)
cantly or uniquely affect those governmental enti- the Assistant to the President and Counsel to the
ties. Each agency shall assess the effects of Federal President; (11) the Deputy Assistant to the President
regulations on State, local, and tribal governments, and Director of the White House Office on Environ-
including specifically the availability of resources to mental Policy; and (12) the Administrator of OIRA, who
carry out those mandates, and seek to minimize also shall coordinate communications relating to this
those burdens that uniquely or significantly affect Executive order among the agencies, OMB, the other
such governmental entities, consistent with achiev- Advisors, and the Office of the Vice President.
ing regulatory objectives. In addition, as appropriate, (b) ‘‘Agency,’’ unless otherwise indicated, means any
agencies shall seek to harmonize Federal regulatory authority of the United States that is an ‘‘agency’’
actions with related State, local, and tribal regu- under 44 U.S.C. 3502(1), other than those considered to
latory and other governmental functions. be independent regulatory agencies, as defined in 44
(10) Each agency shall avoid regulations that are U.S.C. 3502(10).
inconsistent, incompatible, or duplicative with its (c) ‘‘Director’’ means the Director of OMB.
other regulations or those of other Federal agencies. (d) ‘‘Regulation’’ or ‘‘rule’’ means an agency state-
(11) Each agency shall tailor its regulations to im- ment of general applicability and future effect, which
pose the least burden on society, including individ- the agency intends to have the force and effect of law,
uals, businesses of differing sizes, and other entities that is designed to implement, interpret, or prescribe
(including small communities and governmental enti- law or policy or to describe the procedure or practice
ties), consistent with obtaining the regulatory objec- requirements of an agency. It does not, however, in-
tives, taking into account, among other things, and clude:
to the extent practicable, the costs of cumulative (1) Regulations or rules issued in accordance with
regulations. the formal rulemaking provisions of 5 U.S.C. 556, 557;
(12) Each agency shall draft its regulations to be (2) Regulations or rules that pertain to a military
simple and easy to understand, with the goal of mini- or foreign affairs function of the United States, other
mizing the potential for uncertainty and litigation than procurement regulations and regulations involv-
arising from such uncertainty. ing the import or export of non-defense articles and
SEC. 2. Organization. An efficient regulatory planning services;
and review process is vital to ensure that the Federal (3) Regulations or rules that are limited to agency
Government’s regulatory system best serves the Amer- organization, management, or personnel matters; or
ican people. (4) Any other category of regulations exempted by
(a) The Agencies. Because Federal agencies are the re- the Administrator of OIRA.
positories of significant substantive expertise and expe- (e) ‘‘Regulatory action’’ means any substantive ac-
rience, they are responsible for developing regulations tion by an agency (normally published in the Federal
and assuring that the regulations are consistent with Register) that promulgates or is expected to lead to the
applicable law, the President’s priorities, and the prin- promulgation of a final rule or regulation, including
ciples set forth in this Executive order. notices of inquiry, advance notices of proposed rule-
(b) The Office of Management and Budget. Coordinated making, and notices of proposed rulemaking.
review of agency rulemaking is necessary to ensure (f) ‘‘Significant regulatory action’’ means any regu-
that regulations are consistent with applicable law, the latory action that is likely to result in a rule that may:
President’s priorities, and the principles set forth in (1) have an annual effect on the economy of $200 mil-
this Executive order, and that decisions made by one lion or more (adjusted every 3 years by the Adminis-
agency do not conflict with the policies or actions trator of OIRA for changes in gross domestic product);
taken or planned by another agency. The Office of Man- or adversely affect in a material way the economy, a
agement and Budget (OMB) shall carry out that review sector of the economy, productivity, competition, jobs,
function. Within OMB, the Office of Information and the environment, public health or safety, or State,
Regulatory Affairs (OIRA) is the repository of expertise local, territorial, or tribal governments or commu-
concerning regulatory issues, including methodologies nities;
and procedures that affect more than one agency, this (2) create a serious inconsistency or otherwise inter-
Executive order, and the President’s regulatory poli- fere with an action taken or planned by another agen-
cies. To the extent permitted by law, OMB shall pro- cy;
vide guidance to agencies and assist the President, the (3) materially alter the budgetary impact of entitle-
Vice President, and other regulatory policy advisors to ments, grants, user fees, or loan programs or the rights
the President in regulatory planning and shall be the and obligations of recipients thereof; or
entity that reviews individual regulations, as provided (4) raise legal or policy issues for which centralized
by this Executive order. review would meaningfully further the President’s pri-
(c) The Vice President. The Vice President is the prin- orities or the principles set forth in this Executive
cipal advisor to the President on, and shall coordinate order, as specifically authorized in a timely manner by
the development and presentation of recommendations the Administrator of OIRA in each case.
concerning, regulatory policy, planning, and review, as SEC. 4. Planning Mechanism. In order to have an effec-
set forth in this Executive order. In fulfilling their re- tive regulatory program, to provide for coordination of
sponsibilities under this Executive order, the President regulations, to maximize consultation and the resolu-
and the Vice President shall be assisted by the regu- tion of potential conflicts at an early stage, to involve
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 178
the public and its State, local, and tribal officials in (7) The Plans developed by the issuing agency shall be
regulatory planning, and to ensure that new or revised published annually in the October publication of the
regulations promote the President’s priorities and the Unified Regulatory Agenda. This publication shall be
principles set forth in this Executive order, these pro- made available to the Congress; State, local, and tribal
cedures shall be followed, to the extent permitted by governments; and the public. Any views on any aspect
law: (a) Agencies’ Policy Meeting. Early in each year’s of any agency Plan, including whether any planned reg-
planning cycle, the Vice President shall convene a ulatory action might conflict with any other planned
meeting of the Advisors and the heads of agencies to or existing regulation, impose any unintended con-
seek a common understanding of priorities and to co- sequences on the public, or confer any unclaimed bene-
ordinate regulatory efforts to be accomplished in the fits on the public, should be directed to the issuing
upcoming year. agency, with a copy to OIRA.
(b) Unified Regulatory Agenda. For purposes of this (d) Regulatory Working Group. Within 30 days of the
subsection, the term ‘‘agency’’ or ‘‘agencies’’ shall also date of this Executive order, the Administrator of
include those considered to be independent regulatory OIRA shall convene a Regulatory Working Group
agencies, as defined in 44 U.S.C. 3502(10). Each agency (‘‘Working Group’’), which shall consist of representa-
shall prepare an agenda of all regulations under devel- tives of the heads of each agency that the Adminis-
opment or review, at a time and in a manner specified trator determines to have significant domestic regu-
by the Administrator of OIRA. The description of each latory responsibility, the Advisors, and the Vice Presi-
regulatory action shall contain, at a minimum, a regu- dent. The Administrator of OIRA shall chair the Work-
lation identifier number, a brief summary of the ac- ing Group and shall periodically advise the Vice Presi-
tion, the legal authority for the action, any legal dead- dent on the activities of the Working Group. The Work-
line for the action, and the name and telephone number ing Group shall serve as a forum to assist agencies in
of a knowledgeable agency official. Agencies may in- identifying and analyzing important regulatory issues
corporate the information required under 5 U.S.C. 602 (including, among others (1) the development of inno-
and [former] 41 U.S.C. 402 into these agendas. vative regulatory techniques, (2) the methods, efficacy,
(c) The Regulatory Plan. For purposes of this sub- and utility of comparative risk assessment in regu-
section, the term ‘‘agency’’ or ‘‘agencies’’ shall also in- latory decision-making, and (3) the development of
clude those considered to be independent regulatory short forms and other streamlined regulatory ap-
agencies, as defined in 44 U.S.C. 3502(10). (1) As part of proaches for small businesses and other entities). The
the Unified Regulatory Agenda, beginning in 1994, each Working Group shall meet at least quarterly and may
agency shall prepare a Regulatory Plan (Plan) of the meet as a whole or in subgroups of agencies with an in-
most important significant regulatory actions that the terest in particular issues or subject areas. To inform
agency reasonably expects to issue in proposed or final its discussions, the Working Group may commission
form in that fiscal year or thereafter. The Plan shall be analytical studies and reports by OIRA, the Adminis-
approved personally by the agency head and shall con- trative Conference of the United States, or any other
tain at a minimum: agency.
(A) A statement of the agency’s regulatory objec- (e) Conferences. The Administrator of OIRA shall
tives and priorities and how they relate to the Presi- meet quarterly with representatives of State, local, and
dent’s priorities; tribal governments to identify both existing and pro-
(B) A summary of each planned significant regu- posed regulations that may uniquely or significantly
latory action including, to the extent possible, alter- affect those governmental entities. The Administrator
natives to be considered and preliminary estimates of of OIRA shall also convene, from time to time, con-
the anticipated costs and benefits; ferences with representatives of businesses, nongovern-
(C) A summary of the legal basis for each such ac- mental organizations, and the public to discuss regu-
tion, including whether any aspect of the action is re- latory issues of common concern.
quired by statute or court order; SEC. 5. Existing Regulations. In order to reduce the
(D) A statement of the need for each such action regulatory burden on the American people, their fami-
and, if applicable, how the action will reduce risks to lies, their communities, their State, local, and tribal
public health, safety, or the environment, as well as governments, and their industries; to determine wheth-
how the magnitude of the risk addressed by the ac- er regulations promulgated by the executive branch of
tion relates to other risks within the jurisdiction of the Federal Government have become unjustified or
the agency; unnecessary as a result of changed circumstances; to
(E) The agency’s schedule for action, including a
confirm that regulations are both compatible with each
statement of any applicable statutory or judicial
other and not duplicative or inappropriately burden-
deadlines; and
(F) The name, address, and telephone number of a some in the aggregate; to ensure that all regulations
person the public may contact for additional infor- are consistent with the President’s priorities and the
mation about the planned regulatory action. principles set forth in this Executive order, within ap-
(2) Each agency shall forward its Plan to OIRA by plicable law; and to otherwise improve the effective-
June 1st of each year. ness of existing regulations: (a) Within 90 days of the
(3) Within 10 calendar days after OIRA has received date of this Executive order, each agency shall submit
an agency’s Plan, OIRA shall circulate it to other af- to OIRA a program, consistent with its resources and
fected agencies, the Advisors, and the Vice President. regulatory priorities, under which the agency will peri-
(4) An agency head who believes that a planned regu- odically review its existing significant regulations to
latory action of another agency may conflict with its determine whether any such regulations should be
own policy or action taken or planned shall promptly modified or eliminated so as to make the agency’s reg-
notify, in writing, the Administrator of OIRA, who ulatory program more effective in achieving the regu-
shall forward that communication to the issuing agen- latory objectives, less burdensome, or in greater align-
cy, the Advisors, and the Vice President. ment with the President’s priorities and the principles
(5) If the Administrator of OIRA believes that a set forth in this Executive order. Any significant regu-
planned regulatory action of an agency may be incon- lations selected for review shall be included in the
sistent with the President’s priorities or the principles agency’s annual Plan. The agency shall also identify
set forth in this Executive order or may be in conflict any legislative mandates that require the agency to
with any policy or action taken or planned by another promulgate or continue to impose regulations that the
agency, the Administrator of OIRA shall promptly no- agency believes are unnecessary or outdated by reason
tify, in writing, the affected agencies, the Advisors, and of changed circumstances.
the Vice President. (b) The Administrator of OIRA shall work with the
(6) The Vice President, with the Advisors’ assistance, Regulatory Working Group and other interested enti-
may consult with the heads of agencies with respect to ties to pursue the objectives of this section. State,
their Plans and, in appropriate instances, request fur- local, and tribal governments are specifically encour-
ther consideration or inter-agency coordination. aged to assist in the identification of regulations that
Page 179 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
impose significant or unique burdens on those govern- dent’s priorities and avoids undue interference with
mental entities and that appear to have outlived their State, local, and tribal governments in the exercise
justification or be otherwise inconsistent with the pub- of their governmental functions.
lic interest. (C) For those matters identified as, or determined
(c) The Vice President, in consultation with the Advi- by the Administrator of OIRA to be, a significant reg-
sors, may identify for review by the appropriate agency ulatory action within the scope of section 3(f)(1), the
or agencies other existing regulations of an agency or agency shall also provide to OIRA the following addi-
groups of regulations of more than one agency that af- tional information developed as part of the agency’s
fect a particular group, industry, or sector of the econ- decision-making process (unless prohibited by law):
omy, or may identify legislative mandates that may be (i) An assessment, including the underlying anal-
appropriate for reconsideration by the Congress. ysis, of benefits anticipated from the regulatory ac-
SEC. 6. Centralized Review of Regulations. The guide- tion (such as, but not limited to, the promotion of
lines set forth below shall apply to all regulatory ac- the efficient functioning of the economy and pri-
tions, for both new and existing regulations, by agen- vate markets, the enhancement of health and safe-
cies other than those agencies specifically exempted by ty, the protection of the natural environment, and
the Administrator of OIRA: the elimination or reduction of discrimination or
(a) Agency Responsibilities. (1) Each agency shall (con- bias) together with, to the extent feasible, a quan-
sistent with its own rules, regulations, or procedures) tification of those benefits;
provide the public with meaningful participation in the (ii) An assessment, including the underlying anal-
regulatory process. In particular, before issuing a no- ysis, of costs anticipated from the regulatory ac-
tice of proposed rulemaking, each agency should, where tion (such as, but not limited to, the direct cost
appropriate, seek the involvement of those who are in- both to the government in administering the regu-
tended to benefit from and those expected to be bur- lation and to businesses and others in complying
dened by any regulation (including, specifically, State, with the regulation, and any adverse effects on the
local, and tribal officials). In addition, each agency efficient functioning of the economy, private mar-
should afford the public a meaningful opportunity to kets (including productivity, employment, and
comment on any proposed regulation, which in most competitiveness), health, safety, and the natural
cases should include a comment period of not less than environment), together with, to the extent feasible,
60 days. Each agency also is directed to explore and, a quantification of those costs; and
where appropriate, use consensual mechanisms for de- (iii) An assessment, including the underlying
veloping regulations, including negotiated rulemaking. analysis, of costs and benefits of potentially effec-
(2) Within 60 days of the date of this Executive order, tive and reasonably feasible alternatives to the
each agency head shall designate a Regulatory Policy planned regulation, identified by the agencies or
Officer who shall report to the agency head. The Regu- the public (including improving the current regula-
latory Policy Officer shall be involved at each stage of tion and reasonably viable nonregulatory actions),
the regulatory process to foster the development of ef- and an explanation why the planned regulatory ac-
fective, innovative, and least burdensome regulations tion is preferable to the identified potential alter-
and to further the principles set forth in this Executive natives.
order. (D) In emergency situations or when an agency is
(3) In addition to adhering to its own rules and proce- obligated by law to act more quickly than normal re-
dures and to the requirements of the Administrative view procedures allow, the agency shall notify OIRA
Procedure Act [see Short Title note preceding section as soon as possible and, to the extent practicable,
551 of this title], the Regulatory Flexibility Act [5 comply with subsections (a)(3)(B) and (C) of this sec-
U.S.C. 601 et seq.], the Paperwork Reduction Act [44 tion. For those regulatory actions that are governed
U.S.C. 3501 et seq.], and other applicable law, each by a statutory or court-imposed deadline, the agency
agency shall develop its regulatory actions in a timely shall, to the extent practicable, schedule rulemaking
fashion and adhere to the following procedures with re- proceedings so as to permit sufficient time for OIRA
spect to a regulatory action: to conduct its review, as set forth below in subsection
(A) Each agency shall provide OIRA, at such times (b)(2) through (4) of this section.
and in the manner specified by the Administrator of (E) After the regulatory action has been published
OIRA, with a list of its planned regulatory actions, in the Federal Register or otherwise issued to the
indicating those which the agency believes are sig- public, the agency shall:
nificant regulatory actions within the meaning of (i) Make available to the public the information
this Executive order. Absent a material change in the set forth in subsections (a)(3)(B) and (C);
development of the planned regulatory action, those (ii) Identify for the public, in a complete, clear,
not designated as significant will not be subject to re- and simple manner, the substantive changes be-
view under this section unless, within 10 working tween the draft submitted to OIRA for review and
days of receipt of the list, the Administrator of OIRA the action subsequently announced; and
notifies the agency that OIRA has determined that a (iii) Identify for the public those changes in the
planned regulation is a significant regulatory action regulatory action that were made at the suggestion
within the meaning of this Executive order. The Ad- or recommendation of OIRA.
ministrator of OIRA may waive review of any (F) All information provided to the public by the
planned regulatory action designated by the agency agency shall be in plain, understandable language.
as significant, in which case the agency need not fur- (b) OIRA Responsibilities. The Administrator of OIRA
ther comply with subsection (a)(3)(B) or subsection shall provide meaningful guidance and oversight so
(a)(3)(C) of this section. that each agency’s regulatory actions are consistent
(B) For each matter identified as, or determined by with applicable law, the President’s priorities, and the
the Administrator of OIRA to be, a significant regu- principles set forth in this Executive order and do not
latory action, the issuing agency shall provide to conflict with the policies or actions of another agency.
OIRA: OIRA shall, to the extent permitted by law, adhere to
(i) The text of the draft regulatory action, to- the following guidelines:
gether with a reasonably detailed description of the (1) OIRA may review only actions identified by the
need for the regulatory action and an explanation agency or by OIRA as significant regulatory actions
of how the regulatory action will meet that need; under subsection (a)(3)(A) of this section.
and (2) OIRA shall waive review or notify the agency in
(ii) An assessment of the potential costs and ben- writing of the results of its review within the fol-
efits of the regulatory action, including an expla- lowing time periods:
nation of the manner in which the regulatory ac- (A) For any notices of inquiry, advance notices of
tion is consistent with a statutory mandate and, to proposed rulemaking, or other preliminary regu-
the extent permitted by law, promotes the Presi- latory actions prior to a Notice of Proposed Rule-
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 180
making, within 10 working days after the date of tion, OIRA shall make available to the public all
submission of the draft action to OIRA; documents exchanged between OIRA and the agen-
(B) For all other regulatory actions, within 90 cy during the review by OIRA under this section.
calendar days after the date of submission of the in- (5) All information provided to the public by OIRA
formation set forth in subsections (a)(3)(B) and (C) shall be in plain, understandable language.
of this section, unless OIRA has previously re- SEC. 7. Resolution of Conflicts. To the extent permitted
viewed this information and, since that review, by law, disagreements or conflicts between or among
there has been no material change in the facts and agency heads or between OMB and any agency that
circumstances upon which the regulatory action is cannot be resolved by the Administrator of OIRA shall
based, in which case, OIRA shall complete its re- be resolved by the President, or by the Vice President
view within 45 days; and acting at the request of the President, with the rel-
(C) The review process may be extended (1) once evant agency head (and, as appropriate, other inter-
by no more than 30 calendar days upon the written ested government officials). Vice Presidential and Pres-
approval of the Director and (2) at the request of idential consideration of such disagreements may be
the agency head. initiated only by the Director, by the head of the
(3) For each regulatory action that the Adminis- issuing agency, or by the head of an agency that has a
trator of OIRA returns to an agency for further con- significant interest in the regulatory action at issue.
sideration of some or all of its provisions, the Admin- Such review will not be undertaken at the request of
istrator of OIRA shall provide the issuing agency a other persons, entities, or their agents.
written explanation for such return, setting forth the Resolution of such conflicts shall be informed by rec-
pertinent provision of this Executive order on which ommendations developed by the Vice President, after
OIRA is relying. If the agency head disagrees with consultation with the Advisors (and other executive
some or all of the bases for the return, the agency branch officials or personnel whose responsibilities to
head shall so inform the Administrator of OIRA in the President include the subject matter at issue). The
writing. development of these recommendations shall be con-
(4) Except as otherwise provided by law or required cluded within 60 days after review has been requested.
During the Vice Presidential and Presidential review
by a Court, in order to ensure greater openness, ac-
period, communications with any person not employed
cessibility, and accountability in the regulatory re-
by the Federal Government relating to the substance of
view process, OIRA shall be governed by the following
the regulatory action under review and directed to the
disclosure requirements:
Advisors or their staffs or to the staff of the Vice Presi-
(A) Only the Administrator of OIRA (or a par-
dent shall be in writing and shall be forwarded by the
ticular designee) shall receive oral communications
recipient to the affected agency(ies) for inclusion in the
initiated by persons not employed by the executive
public docket(s). When the communication is not in
branch of the Federal Government regarding the
writing, such Advisors or staff members shall inform
substance of a regulatory action under OIRA re-
the outside party that the matter is under review and
view;
that any comments should be submitted in writing.
(B) All substantive communications between At the end of this review process, the President, or
OIRA personnel and persons not employed by the the Vice President acting at the request of the Presi-
executive branch of the Federal Government re- dent, shall notify the affected agency and the Adminis-
garding a regulatory action under review shall be trator of OIRA of the President’s decision with respect
governed by the following guidelines: (i) A rep- to the matter.
resentative from the issuing agency shall be invited SEC. 8. Publication. Except to the extent required by
to any meeting between OIRA personnel and such law, an agency shall not publish in the Federal Reg-
person(s); ister or otherwise issue to the public any regulatory ac-
(ii) OIRA shall forward to the issuing agency, tion that is subject to review under section 6 of this Ex-
within 10 working days of receipt of the commu- ecutive order until (1) the Administrator of OIRA noti-
nication(s), all written communications, regardless fies the agency that OIRA has waived its review of the
of format, between OIRA personnel and any person action or has completed its review without any re-
who is not employed by the executive branch of the quests for further consideration, or (2) the applicable
Federal Government, and the dates and names of time period in section 6(b)(2) expires without OIRA hav-
individuals involved in all substantive oral commu- ing notified the agency that it is returning the regu-
nications (including meetings to which an agency latory action for further consideration under section
representative was invited, but did not attend, and 6(b)(3), whichever occurs first. If the terms of the pre-
telephone conversations between OIRA personnel ceding sentence have not been satisfied and an agency
and any such persons); and wants to publish or otherwise issue a regulatory action,
(iii) OIRA shall publicly disclose relevant infor- the head of that agency may request Presidential con-
mation about such communication(s), as set forth sideration through the Vice President, as provided
below in subsection (b)(4)(C) of this section. under section 7 of this order. Upon receipt of this re-
(C) OIRA shall maintain a publicly available log quest, the Vice President shall notify OIRA and the Ad-
that shall contain, at a minimum, the following in- visors. The guidelines and time period set forth in sec-
formation pertinent to regulatory actions under re- tion 7 shall apply to the publication of regulatory ac-
view: tions for which Presidential consideration has been
(i) The status of all regulatory actions, includ- sought.
ing if (and if so, when and by whom) Vice Presi- SEC. 9. Agency Authority. Nothing in this order shall
dential and Presidential consideration was re- be construed as displacing the agencies’ authority or
quested; responsibilities, as authorized by law.
(ii) A notation of all written communications SEC. 10. Judicial Review. Nothing in this Executive
forwarded to an issuing agency under subsection order shall affect any otherwise available judicial re-
(b)(4)(B)(ii) of this section; and view of agency action. This Executive order is intended
(iii) The dates and names of individuals in- only to improve the internal management of the Fed-
volved in all substantive oral communications, eral Government and does not create any right or ben-
including meetings and telephone conversations, efit, substantive or procedural, enforceable at law or
between OIRA personnel and any person not em- equity by a party against the United States, its agen-
ployed by the executive branch of the Federal cies or instrumentalities, its officers or employees, or
Government, and the subject matter discussed any other person.
during such communications. SEC. 11. Revocations. Executive Orders Nos. 12291 and
(D) After the regulatory action has been pub- 12498; all amendments to those Executive orders; all
lished in the Federal Register or otherwise issued guidelines issued under those orders; and any exemp-
to the public, or after the agency has announced its tions from those orders heretofore granted for any cat-
decision not to publish or issue the regulatory ac- egory of rule are revoked.
Page 181 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
[Section 1 of Ex. Ord. No. 13497, which revoked Ex. for questions concerning implementation of human
Ords. 13258 and 13422, was executed by undoing the rights obligations that fall within their respective op-
amendments by those Ex. Ords. to Ex. Ord. 12866, set erating and program responsibilities and authorities or,
out above.] to the extent that matters do not fall within the oper-
ating and program responsibilities and authorities of
EXECUTIVE ORDER NO. 12875 any agency, that most closely relate to their general
Ex. Ord. No. 12875, Oct. 26, 1993, 58 F.R. 58093, which areas of concern.
provided for the reduction of unfunded mandates on SEC. 3. Human Rights Inquiries and Complaints. Each
State, local, or tribal governments and increased flexi- agency shall take lead responsibility, in coordination
bility for State and local waivers of statutory or regu- with other appropriate agencies, for responding to in-
latory requirements, was revoked by Ex. Ord. No. 13132, quiries, requests for information, and complaints about
§ 10(b), Aug. 4, 1999, 64 F.R. 43259, set out below. violations of human rights obligations that fall within
its areas of responsibility or, if the matter does not fall
EXECUTIVE ORDER NO. 13083 within its areas of responsibility, referring it to the ap-
Ex. Ord. No. 13083, May 14, 1998, 63 F.R. 27651, which propriate agency for response.
listed fundamental federalism principles and federalism SEC. 4. Interagency Working Group on Human Rights
policymaking criteria to guide agencies in formulating Treaties. (a) There is hereby established an Interagency
and implementing policies and required agencies to Working Group on Human Rights Treaties for the pur-
have a process to permit State and local governments pose of providing guidance, oversight, and coordination
to provide input into the development of regulatory with respect to questions concerning the adherence to
policies that have federalism implications and to and implementation of human rights obligations and
streamline the State and local government waiver related matters.
(b) The designee of the Assistant to the President for
process, was revoked by Ex. Ord. No. 13132, § 10(b), Aug.
National Security Affairs shall chair the Interagency
4, 1999, 64 F.R. 43259, set out below.
Working Group, which shall consist of appropriate pol-
EXECUTIVE ORDER NO. 13095 icy and legal representatives at the Assistant Sec-
Ex. Ord. No. 13095, Aug. 5, 1998, 63 F.R. 42565, which retary level from the Department of State, the Depart-
ment of Justice, the Department of Labor, the Depart-
suspended Ex. Ord. No. 13083, was revoked by Ex. Ord.
ment of Defense, the Joint Chiefs of Staff, and other
No. 13132, § 10(b), Aug. 4, 1999, 64 F.R. 43259, set out
agencies as the chair deems appropriate. The principal
below.
members may designate alternates to attend meetings
EX. ORD. NO. 13107. IMPLEMENTATION OF HUMAN RIGHTS in their stead.
TREATIES (c) The principal functions of the Interagency Work-
ing Group shall include:
Ex. Ord. No. 13107, Dec. 10, 1998, 63 F.R. 68991, pro- (i) coordinating the interagency review of any signifi-
vided: cant issues concerning the implementation of this
By the authority vested in me as President by the order and analysis and recommendations in connection
Constitution and the laws of the United States of with pursuing the ratification of human rights treaties,
America, and bearing in mind the obligations of the as such questions may from time to time arise;
United States pursuant to the International Covenant (ii) coordinating the preparation of reports that are
on Civil and Political Rights (ICCPR), the Convention to be submitted by the United States in fulfillment of
Against Torture and Other Cruel, Inhuman or Degrad- treaty obligations;
ing Treatment or Punishment (CAT), the Convention (iii) coordinating the responses of the United States
on the Elimination of All Forms of Racial Discrimina- Government to complaints against it concerning al-
tion (CERD), and other relevant treaties concerned leged human rights violations submitted to the United
with the protection and promotion of human rights to Nations, the Organization of American States, and
which the United States is now or may become a party other international organizations;
in the future, it is hereby ordered as follows: (iv) developing effective mechanisms to ensure that
SECTION 1. Implementation of Human Rights Obligations. legislation proposed by the Administration is reviewed
(a) It shall be the policy and practice of the Govern- for conformity with international human rights obliga-
ment of the United States, being committed to the pro- tions and that these obligations are taken into account
tection and promotion of human rights and funda- in reviewing legislation under consideration by the
mental freedoms, fully to respect and implement its ob- Congress as well;
ligations under the international human rights treaties (v) developing recommended proposals and mecha-
to which it is a party, including the ICCPR, the CAT, nisms for improving the monitoring of the actions by
and the CERD. the various States, Commonwealths, and territories of
(b) It shall also be the policy and practice of the Gov- the United States and, where appropriate, of Native
ernment of the United States to promote respect for Americans and Federally recognized Indian tribes, in-
international human rights, both in our relationships cluding the review of State, Commonwealth, and terri-
with all other countries and by working with and torial laws for their conformity with relevant treaties,
strengthening the various international mechanisms the provision of relevant information for reports and
for the promotion of human rights, including, inter alia, other monitoring purposes, and the promotion of effec-
those of the United Nations, the International Labor tive remedial mechanisms;
Organization, and the Organization of American States. (vi) developing plans for public outreach and edu-
SEC. 2. Responsibility of Executive Departments and cation concerning the provisions of the ICCPR, CAT,
Agencies. (a) All executive departments and agencies (as CERD, and other relevant treaties, and human rights-
defined in 5 U.S.C. 101–105, including boards and com- related provisions of domestic law;
missions, and hereinafter referred to collectively as (vii) coordinating and directing an annual review of
‘‘agency’’ or ‘‘agencies’’) shall maintain a current United States reservations, declarations, and under-
awareness of United States international human rights standings to human rights treaties, and matters as to
obligations that are relevant to their functions and which there have been nontrivial complaints or allega-
shall perform such functions so as to respect and imple- tions of inconsistency with or breach of international
ment those obligations fully. The head of each agency human rights obligations, in order to determine wheth-
shall designate a single contact officer who will be re- er there should be consideration of any modification of
sponsible for overall coordination of the implementa- relevant reservations, declarations, and understandings
tion of this order. Under this order, all such agencies to human rights treaties, or United States practices or
shall retain their established institutional roles in the laws. The results and recommendations of this review
implementation, interpretation, and enforcement of shall be reviewed by the head of each participating
Federal law and policy. agency;
(b) The heads of agencies shall have lead responsi- (viii) making such other recommendations as it shall
bility, in coordination with other appropriate agencies, deem appropriate to the President, through the Assist-
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 182
ant to the President for National Security Affairs, con- powers. All other sovereign powers, save those ex-
cerning United States adherence to or implementation pressly prohibited the States by the Constitution, are
of human rights treaties and related matters; and reserved to the States or to the people.
(ix) coordinating such other significant tasks in con- (c) The constitutional relationship among sovereign
nection with human rights treaties or international governments, State and national, is inherent in the
human rights institutions, including the Inter-Amer- very structure of the Constitution and is formalized in
ican Commission on Human Rights and the Special and protected by the Tenth Amendment to the Con-
Rapporteurs and complaints procedures established by stitution.
the United Nations Human Rights Commission. (d) The people of the States are free, subject only to
(d) The work of the Interagency Working Group shall restrictions in the Constitution itself or in constitu-
not supplant the work of other interagency entities, in- tionally authorized Acts of Congress, to define the
cluding the President’s Committee on the Inter- moral, political, and legal character of their lives.
(e) The Framers recognized that the States possess
national Labor Organization, that address inter-
unique authorities, qualities, and abilities to meet the
national human rights issues. needs of the people and should function as laboratories
SEC. 5. Cooperation Among Executive Departments and of democracy.
Agencies. All agencies shall cooperate in carrying out (f) The nature of our constitutional system encour-
the provisions of this order. The Interagency Working ages a healthy diversity in the public policies adopted
Group shall facilitate such cooperative measures. by the people of the several States according to their
SEC. 6. Judicial Review, Scope, and Administration. (a) own conditions, needs, and desires. In the search for en-
Nothing in this order shall create any right or benefit, lightened public policy, individual States and commu-
substantive or procedural, enforceable by any party nities are free to experiment with a variety of ap-
against the United States, its agencies or instrumen- proaches to public issues. One-size-fits-all approaches
talities, its officers or employees, or any other person. to public policy problems can inhibit the creation of ef-
(b) This order does not supersede Federal statutes fective solutions to those problems.
and does not impose any justiciable obligations on the (g) Acts of the national government—whether legisla-
executive branch. tive, executive, or judicial in nature—that exceed the
(c) The term ‘‘treaty obligations’’ shall mean treaty enumerated powers of that government under the Con-
obligations as approved by the Senate pursuant to Arti- stitution violate the principle of federalism established
cle II, section 2, clause 2 of the United States Constitu- by the Framers.
tion. (h) Policies of the national government should recog-
(d) To the maximum extent practicable and subject nize the responsibility of—and should encourage oppor-
to the availability of appropriations, agencies shall tunities for—individuals, families, neighborhoods, local
carry out the provisions of this order. governments, and private associations to achieve their
personal, social, and economic objectives through coop-
WILLIAM J. CLINTON. erative effort.
EX. ORD. NO. 13132. FEDERALISM (i) The national government should be deferential to
the States when taking action that affects the policy-
Ex. Ord. No. 13132, Aug. 4, 1999, 64 F.R. 43255, provided: making discretion of the States and should act only
By the authority vested in me as President by the with the greatest caution where State or local govern-
Constitution and the laws of the United States of ments have identified uncertainties regarding the con-
America, and in order to guarantee the division of gov- stitutional or statutory authority of the national gov-
ernmental responsibilities between the national gov- ernment.
ernment and the States that was intended by the SEC. 3. Federalism Policymaking Criteria. In addition to
Framers of the Constitution, to ensure that the prin- adhering to the fundamental federalism principles set
ciples of federalism established by the Framers guide forth in section 2, agencies shall adhere, to the extent
the executive departments and agencies in the formula- permitted by law, to the following criteria when formu-
tion and implementation of policies, and to further the lating and implementing policies that have federalism
policies of the Unfunded Mandates Reform Act [of 1995, implications:
Pub. L. 104–4, see Tables for classification], it is hereby (a) There shall be strict adherence to constitutional
ordered as follows: principles. Agencies shall closely examine the constitu-
SECTION 1. Definitions. For purposes of this order: tional and statutory authority supporting any action
(a) ‘‘Policies that have federalism implications’’ re- that would limit the policymaking discretion of the
fers to regulations, legislative comments or proposed States and shall carefully assess the necessity for such
legislation, and other policy statements or actions that action. To the extent practicable, State and local offi-
have substantial direct effects on the States, on the re- cials shall be consulted before any such action is imple-
lationship between the national government and the mented. Executive Order 12372 of July 14, 1982 (‘‘Inter-
States, or on the distribution of power and responsibil- governmental Review of Federal Programs’’) [31 U.S.C.
ities among the various levels of government. 6506 note] remains in effect for the programs and activi-
(b) ‘‘State’’ or ‘‘States’’ refer to the States of the ties to which it is applicable.
(b) National action limiting the policymaking discre-
United States of America, individually or collectively,
tion of the States shall be taken only where there is
and, where relevant, to State governments, including
constitutional and statutory authority for the action
units of local government and other political subdivi-
and the national activity is appropriate in light of the
sions established by the States.
presence of a problem of national significance. Where
(c) ‘‘Agency’’ means any authority of the United
there are significant uncertainties as to whether na-
States that is an ‘‘agency’’ under 44 U.S.C. 3502(1),
tional action is authorized or appropriate, agencies
other than those considered to be independent regu- shall consult with appropriate State and local officials
latory agencies, as defined in 44 U.S.C. 3502(5). to determine whether Federal objectives can be at-
(d) ‘‘State and local officials’’ means elected officials tained by other means.
of State and local governments or their representative (c) With respect to Federal statutes and regulations
national organizations. administered by the States, the national government
SEC. 2. Fundamental Federalism Principles. In formu- shall grant the States the maximum administrative
lating and implementing policies that have federalism discretion possible. Intrusive Federal oversight of
implications, agencies shall be guided by the following State administration is neither necessary nor desir-
fundamental federalism principles: able.
(a) Federalism is rooted in the belief that issues that (d) When undertaking to formulate and implement
are not national in scope or significance are most ap- policies that have federalism implications, agencies
propriately addressed by the level of government clos- shall:
est to the people. (1) encourage States to develop their own policies
(b) The people of the States created the national gov- to achieve program objectives and to work with ap-
ernment and delegated to it enumerated governmental propriate officials in other States;
Page 183 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
(2) where possible, defer to the States to establish with the regulation are provided by the Federal Gov-
standards; ernment; or
(3) in determining whether to establish uniform na- (2) the agency, prior to the formal promulgation of
tional standards, consult with appropriate State and the regulation,
local officials as to the need for national standards (A) consulted with State and local officials early
and any alternatives that would limit the scope of in the process of developing the proposed regula-
national standards or otherwise preserve State pre- tion;
rogatives and authority; and (B) in a separately identified portion of the pre-
(4) where national standards are required by Fed- amble to the regulation as it is to be issued in the
eral statutes, consult with appropriate State and Federal Register, provides to the Director of the Of-
local officials in developing those standards. fice of Management and Budget a federalism sum-
SEC. 4. Special Requirements for Preemption. Agencies, mary impact statement, which consists of a de-
in taking action that preempts State law, shall act in scription of the extent of the agency’s prior con-
strict accordance with governing law. sultation with State and local officials, a summary
(a) Agencies shall construe, in regulations and other- of the nature of their concerns and the agency’s po-
wise, a Federal statute to preempt State law only sition supporting the need to issue the regulation,
where the statute contains an express preemption pro- and a statement of the extent to which the con-
vision or there is some other clear evidence that the cerns of State and local officials have been met;
Congress intended preemption of State law, or where and
the exercise of State authority conflicts with the exer- (C) makes available to the Director of the Office
cise of Federal authority under the Federal statute. of Management and Budget any written commu-
(b) Where a Federal statute does not preempt State nications submitted to the agency by State and
law (as addressed in subsection (a) of this section), local officials.
agencies shall construe any authorization in the stat- (c) To the extent practicable and permitted by law,
ute for the issuance of regulations as authorizing pre- no agency shall promulgate any regulation that has
emption of State law by rulemaking only when the ex- federalism implications and that preempts State law,
ercise of State authority directly conflicts with the ex- unless the agency, prior to the formal promulgation of
ercise of Federal authority under the Federal statute the regulation,
or there is clear evidence to conclude that the Congress (1) consulted with State and local officials early in
intended the agency to have the authority to preempt the process of developing the proposed regulation;
(2) in a separately identified portion of the pre-
State law.
amble to the regulation as it is to be issued in the
(c) Any regulatory preemption of State law shall be
Federal Register, provides to the Director of the Of-
restricted to the minimum level necessary to achieve
fice of Management and Budget a federalism sum-
the objectives of the statute pursuant to which the reg-
mary impact statement, which consists of a descrip-
ulations are promulgated.
(d) When an agency foresees the possibility of a con- tion of the extent of the agency’s prior consultation
flict between State law and Federally protected inter- with State and local officials, a summary of the na-
ests within its area of regulatory responsibility, the ture of their concerns and the agency’s position sup-
agency shall consult, to the extent practicable, with porting the need to issue the regulation, and a state-
appropriate State and local officials in an effort to ment of the extent to which the concerns of State
avoid such a conflict. and local officials have been met; and
(3) makes available to the Director of the Office of
(e) When an agency proposes to act through adjudica-
Management and Budget any written communica-
tion or rulemaking to preempt State law, the agency
tions submitted to the agency by State and local offi-
shall provide all affected State and local officials no-
cials.
tice and an opportunity for appropriate participation in SEC. 7. Increasing Flexibility for State and Local Waiv-
the proceedings. ers.
SEC. 5. Special Requirements for Legislative Proposals. (a) Agencies shall review the processes under which
Agencies shall not submit to the Congress legislation State and local governments apply for waivers of statu-
that would: tory and regulatory requirements and take appropriate
(a) directly regulate the States in ways that would ei- steps to streamline those processes.
ther interfere with functions essential to the States’ (b) Each agency shall, to the extent practicable and
separate and independent existence or be inconsistent permitted by law, consider any application by a State
with the fundamental federalism principles in section for a waiver of statutory or regulatory requirements in
2; connection with any program administered by that
(b) attach to Federal grants conditions that are not agency with a general view toward increasing opportu-
reasonably related to the purpose of the grant; or nities for utilizing flexible policy approaches at the
(c) preempt State law, unless preemption is con- State or local level in cases in which the proposed
sistent with the fundamental federalism principles set waiver is consistent with applicable Federal policy ob-
forth in section 2, and unless a clearly legitimate na- jectives and is otherwise appropriate.
tional purpose, consistent with the federalism policy- (c) Each agency shall, to the extent practicable and
making criteria set forth in section 3, cannot otherwise permitted by law, render a decision upon a complete
be met. application for a waiver within 120 days of receipt of
SEC. 6. Consultation. such application by the agency. If the application for a
(a) Each agency shall have an accountable process to waiver is not granted, the agency shall provide the ap-
ensure meaningful and timely input by State and local plicant with timely written notice of the decision and
officials in the development of regulatory policies that the reasons therefor.
have federalism implications. Within 90 days after the (d) This section applies only to statutory or regu-
effective date of this order, the head of each agency latory requirements that are discretionary and subject
shall designate an official with principal responsibility to waiver by the agency.
for the agency’s implementation of this order and that SEC. 8. Accountability.
designated official shall submit to the Office of Man- (a) In transmitting any draft final regulation that
agement and Budget a description of the agency’s con- has federalism implications to the Office of Manage-
sultation process. ment and Budget pursuant to Executive Order 12866 of
(b) To the extent practicable and permitted by law, September 30, 1993 [set out above], each agency shall in-
no agency shall promulgate any regulation that has clude a certification from the official designated to en-
federalism implications, that imposes substantial di- sure compliance with this order stating that the re-
rect compliance costs on State and local governments, quirements of this order have been met in a meaningful
and that is not required by statute, unless: and timely manner.
(1) funds necessary to pay the direct costs incurred (b) In transmitting proposed legislation that has fed-
by the State and local governments in complying eralism implications to the Office of Management and
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 184
Budget, each agency shall include a certification from ment-wide audit to identify all existing barriers to the
the official designated to ensure compliance with this participation of faith-based and other community orga-
order that all relevant requirements of this order have nizations in the delivery of social services by the de-
been met. partment, including but not limited to regulations,
(c) Within 180 days after the effective date of this rules, orders, procurement, and other internal policies
order, the Director of the Office of Management and and practices, and outreach activities that either
Budget and the Assistant to the President for Intergov- facially discriminate against or otherwise discourage
ernmental Affairs shall confer with State and local of- or disadvantage the participation of faith-based and
ficials to ensure that this order is being properly and other community organizations in Federal programs;
effectively implemented. (b) coordinate a comprehensive departmental effort
SEC. 9. Independent Agencies. Independent regulatory to incorporate faith-based and other community orga-
agencies are encouraged to comply with the provisions nizations in department programs and initiatives to
of this order. the greatest extent possible;
SEC. 10. General Provisions. (c) propose initiatives to remove barriers identified
(a) This order shall supplement but not supersede the pursuant to section 3(a) of this order, including but not
requirements contained in Executive Order 12372 limited to reform of regulations, procurement, and
(‘‘Intergovernmental Review of Federal Programs’’) [31 other internal policies and practices, and outreach ac-
U.S.C. 6506 note], Executive Order 12866 (‘‘Regulatory tivities;
(d) propose the development of innovative pilot and
Planning and Review’’) [set out above], Executive Order
demonstration programs to increase the participation
12988 (‘‘Civil Justice Reform’’ [28 U.S.C. 519 note]), and
of faith-based and other community organizations in
OMB Circular A–19.
Federal as well as State and local initiatives; and
(b) Executive Order 12612 (‘‘Federalism’’), Executive (e) develop and coordinate department outreach ef-
Order 12875 (‘‘Enhancing the Intergovernmental Part- forts to disseminate information more effectively to
nership’’), Executive Order 13083 (‘‘Federalism’’), and faith-based and other community organizations with
Executive Order 13095 (‘‘Suspension of Executive Order respect to programming changes, contracting opportu-
13083’’) are revoked. nities, and other department initiatives, including but
(c) This order shall be effective 90 days after the date not limited to Web and Internet resources.
of this order. SEC. 4. Additional Responsibilities of the Department of
SEC. 11. Judicial Review. This order is intended only to Health and Human Services and the Department of Labor
improve the internal management of the executive Centers. In addition to those responsibilities described
branch, and is not intended to create any right or ben- in section 3 of this order, the Department of Health and
efit, substantive or procedural, enforceable at law by a Human Services and the Department of Labor Centers
party against the United States, its agencies, its offi- shall, to the extent permitted by law: (a) conduct a
cers, or any person. comprehensive review of policies and practices affect-
WILLIAM J. CLINTON. ing existing funding streams governed by so-called
‘‘Charitable Choice’’ legislation to assess the depart-
EX. ORD. NO. 13198. AGENCY RESPONSIBILITIES WITH ment’s compliance with the requirements of Charitable
RESPECT TO FAITH-BASED AND COMMUNITY INITIATIVES Choice; and (b) promote and ensure compliance with ex-
Ex. Ord. No. 13198, Jan. 29, 2001, 66 F.R. 8497, as isting Charitable Choice legislation by the department,
amended by Ex. Ord. No. 13831, § 2(a), May 3, 2018, 83 as well as its partners in State and local government,
F.R. 20715; Ex. Ord. No. 14015, § 5(a), Feb. 14, 2021, 86 F.R. and their contractors.
10008, provided: SEC. 5. Reporting Requirements. (a) Report. Not later
By the authority vested in me as President by the than 180 days after the date of this order and annually
Constitution and the laws of the United States of thereafter, each of the five executive department Cen-
America, and in order to help the Federal Government ters described in section 1 of this order shall prepare
coordinate a national effort to expand opportunities for and submit a report to the White House Office of Faith-
faith-based and other community organizations and to Based and Neighborhood Partnerships.
strengthen their capacity to better meet social needs in (b) Contents. The report shall include a description of
America’s communities, it is hereby ordered as follows: the department’s efforts in carrying out its responsibil-
SECTION 1. Establishment of Executive Department Cen- ities under this order, including but not limited to:
(1) a comprehensive analysis of the barriers to the
ters for Faith-Based and Neighborhood Partnerships. (a)
full participation of faith-based and other community
The Attorney General, the Secretary of Education, the
organizations in the delivery of social services identi-
Secretary of Labor, the Secretary of Health and Human
fied pursuant to section 3(a) of this order and the pro-
Services, and the Secretary of Housing and Urban De-
posed strategies to eliminate those barriers; and
velopment shall each establish within their respective (2) a summary of the technical assistance and other
departments a Center for Faith-Based and Neighbor- information that will be available to faith-based and
hood Partnerships (Center). other community organizations regarding the pro-
(b) Each executive department Center shall be super- gram activities of the department and the prepara-
vised by a Director, appointed by the department head tion of applications or proposals for grants, coopera-
in consultation with the White House Office of Faith- tive agreements, contracts, and procurement.
Based and Neighborhood Partnerships (White House Of- (c) Performance Indicators. The first report, filed 180
fice of Faith-Based and Neighborhood Partnerships). days after the date of this order, shall include annual
(c) Each department shall provide its Center with ap- performance indicators and measurable objectives for
propriate staff, administrative support, and other re- department action. Each report filed thereafter shall
sources to meet its responsibilities under this order. measure the department’s performance against the ob-
(d) Each department’s Center shall begin operations jectives set forth in the initial report.
no later than 45 days from the date of this order. SEC. 6. Responsibilities of All Executive Departments and
SEC. 2. Purpose of Executive Department Centers for Agencies. All executive departments and agencies (agen-
Faith-Based and Neighborhood Partnerships. The purpose cies) shall: (a) designate an agency employee to serve
of the executive department Centers will be to coordi- as the liaison and point of contact with the White
nate department efforts to eliminate regulatory, con- House Office of Faith-Based and Neighborhood Partner-
tracting, and other programmatic obstacles to the par- ships; and
ticipation of faith-based and other community organi- (b) cooperate with the White House Office of Faith-
zations in the provision of social services. Based and Neighborhood Partnerships and provide such
SEC. 3. Responsibilities of Executive Department Centers information, support, and assistance to the White
for Faith-Based and Neighborhood Partnerships. Each House Office of Faith-Based and Neighborhood Partner-
Center shall, to the extent permitted by law: (a) con- ships as it may request, to the extent permitted by law.
duct, in coordination with the White House Office of SEC. 7. Administration and Judicial Review. (a) The
Faith-Based and Neighborhood Partnerships, a depart- agencies’ actions directed by this Executive Order shall
Page 185 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
be carried out subject to the availability of appropria- SEC. 4. Definitions. Terms defined in section 601 of
tions and to the extent permitted by law. title 5, United States Code, including the term ‘‘agen-
(b) This order does not create any right or benefit, cy,’’ shall have the same meaning in this order.
substantive or procedural, enforceable at law or equity SEC. 5. Preservation of Authority. Nothing in this order
against the United States, its agencies or instrumen- shall be construed to impair or affect the authority of
talities, its officers or employees, or any other person. the Administrator of the Small Business Administra-
tion to supervise the Small Business Administration as
EX. ORD. NO. 13272. PROPER CONSIDERATION OF SMALL
provided in the first sentence of section 2(b)(1) of Pub-
ENTITIES IN AGENCY RULEMAKING
lic Law 85–09536 [Pub. L. 85–536] (15 U.S.C. 633(b)(1)).
Ex. Ord. No. 13272, Aug. 13, 2002, 67 F.R. 53461, pro- SEC. 6. Reporting. For the purpose of promoting com-
vided: pliance with this order, Advocacy shall submit a report
By the authority vested in me as President by the not less than annually to the Director of the Office of
Constitution and the laws of the United States of Management and Budget on the extent of compliance
America, it is hereby ordered as follows: with this order by agencies.
SECTION 1. General Requirements. Each agency shall es- SEC. 7. Confidentiality. Consistent with existing law,
tablish procedures and policies to promote compliance Advocacy may publicly disclose information that it re-
with the Regulatory Flexibility Act, as amended (5 ceives from the agencies in the course of carrying out
U.S.C. 601 et seq.) (the ‘‘Act’’). Agencies shall thor- this order only to the extent that such information al-
oughly review draft rules to assess and take appro- ready has been lawfully and publicly disclosed by OIRA
priate account of the potential impact on small busi- or the relevant rulemaking agency.
nesses, small governmental jurisdictions, and small or- SEC. 8. Judicial Review. This order is intended only to
ganizations, as provided by the Act. The Chief Counsel improve the internal management of the Federal Gov-
for Advocacy of the Small Business Administration ernment. This order is not intended to, and does not,
(Advocacy) shall remain available to advise agencies in create any right or benefit, substantive or procedural,
performing that review consistent with the provisions enforceable at law or equity, against the United States,
of the Act. its departments, agencies, or other entities, its officers
SEC. 2. Responsibilities of Advocacy. Consistent with or employees, or any other person.
the requirements of the Act, other applicable law, and
Executive Order 12866 of September 30, 1993, as amended GEORGE W. BUSH.
[set out above], Advocacy: EX. ORD. NO. 13279. EQUAL PROTECTION OF THE LAWS FOR
(a) shall notify agency heads from time to time of the FAITH-BASED AND OTHER NEIGHBORHOOD ORGANIZATIONS
requirements of the Act, including by issuing notifica-
tions with respect to the basic requirements of the Act Ex. Ord. No. 13279, Dec. 12, 2002, 67 F.R. 77141, as
within 90 days of the date of this order; amended by Ex. Ord. No. 13403, § 2, May 12, 2006, 71 F.R.
(b) shall provide training to agencies on compliance 28543; Ex. Ord. No. 13559, Nov. 17, 2010, 75 F.R. 71319; Ex.
with the Act; and Ord. No. 13831, § 2, May 3, 2018, 83 F.R. 20715; Ex. Ord. No.
(c) may provide comment on draft rules to the agency 14015, § 5(a), Feb. 14, 2021, 86 F.R. 10008, provided:
that has proposed or intends to propose the rules and to By the authority vested in me as President by the
the Office of Information and Regulatory Affairs of the Constitution and the laws of the United States of
Office of Management and Budget (OIRA). America, including section 121(a) of title 40, United
SEC. 3. Responsibilities of Federal Agencies. Consistent States Code, and section 301 of title 3, United States
with the requirements of the Act and applicable law, Code, and in order to guide Federal agencies in formu-
agencies shall: lating and developing policies with implications for
(a) Within 180 days of the date of this order, issue faith-based organizations and other other [sic] neigh-
written procedures and policies, consistent with the borhood organizations, to ensure equal protection of
Act, to ensure that the potential impacts of agencies’ the laws for faith-based and other neighborhood organi-
draft rules on small businesses, small governmental ju- zations, to further the national effort to expand oppor-
risdictions, and small organizations are properly con- tunities for, and strengthen the capacity of, faith-based
sidered during the rulemaking process. Agency heads and other other [sic] neighborhood organizations so
shall submit, no later than 90 days from the date of this that they may better meet social needs in America’s
order, their written procedures and policies to Advo- communities, and to ensure the economical and effi-
cacy for comment. Prior to issuing final procedures and cient administration and completion of Government
policies, agencies shall consider any such comments re- contracts, it is hereby ordered as follows:
ceived within 60 days from the date of the submission SECTION 1. Definitions. For purposes of this order:
of the agencies’ procedures and policies to Advocacy. (a) ‘‘Federal financial assistance’’ means assistance
Except to the extent otherwise specifically provided by that non-Federal entities receive or administer in the
statute or Executive Order, agencies shall make the form of grants, contracts, loans, loan guarantees, prop-
final procedures and policies available to the public erty, cooperative agreements, food commodities, direct
through the Internet or other easily accessible means; appropriations, or other assistance, but does not in-
(b) Notify Advocacy of any draft rules that may have clude a tax credit, deduction, or exemption.
a significant economic impact on a substantial number (b) ‘‘Social service program’’ means a program that is
of small entities under the Act. Such notifications administered by the Federal Government, or by a State
shall be made (i) when the agency submits a draft rule or local government using Federal financial assistance,
to OIRA under Executive Order 12866 [set out above] if and that provides services directed at reducing poverty,
that order requires such submission, or (ii) if no sub- improving opportunities for low-income children, revi-
mission to OIRA is so required, at a reasonable time talizing low-income communities, empowering low-in-
prior to publication of the rule by the agency; and come families and low-income individuals to become
(c) Give every appropriate consideration to any com- self-sufficient, or otherwise helping people in need.
ments provided by Advocacy regarding a draft rule. Such programs include, but are not limited to, the fol-
Consistent with applicable law and appropriate protec- lowing:
tion of executive deliberations and legal privileges, an (i) child care services, protective services for chil-
agency shall include, in any explanation or discussion dren and adults, services for children and adults in
accompanying publication in the Federal Register of a foster care, adoption services, services related to the
final rule, the agency’s response to any written com- management and maintenance of the home, day care
ments submitted by Advocacy on the proposed rule services for adults, and services to meet the special
that preceded the final rule; provided, however, that needs of children, older individuals, and individuals
such inclusion is not required if the head of the agency with disabilities (including physical, mental, or emo-
certifies that the public interest is not served thereby. tional disabilities);
Agencies and Advocacy may, to the extent permitted (ii) transportation services;
by law, engage in an exchange of data and research, as (iii) job training and related services, and employ-
appropriate, to foster the purposes of the Act. ment services;
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 186
(iv) information, referral, and counseling services; ment in ways that avoid excessive entanglement be-
(v) the preparation and delivery of meals and serv- tween religious bodies and governmental entities.
ices related to soup kitchens or food banks; (f) Organizations that engage in explicitly religious
(vi) health support services; activities (including activities that involve overt reli-
(vii) literacy and mentoring programs; gious content such as worship, religious instruction, or
(viii) services for the prevention and treatment of proselytization) must perform such activities and offer
juvenile delinquency and substance abuse, services such services outside of programs that are supported
for the prevention of crime and the provision of as- with direct Federal financial assistance (including
sistance to the victims and the families of criminal through prime awards or sub-awards), separately in
offenders, and services related to intervention in, and time or location from any such programs or services
prevention of, domestic violence; and supported with direct Federal financial assistance, and
(ix) services related to the provision of assistance participation in any such explicitly religious activities
for housing under Federal law. must be voluntary for the beneficiaries of the social
(c) ‘‘Policies that have implications for faith-based service program supported with such Federal financial
and other neighborhood organizations’’ refers to all assistance.
policies, programs, and regulations, including official (g) Faith-based organizations should be eligible to
guidance and internal agency procedures, that have sig- compete for Federal financial assistance used to sup-
nificant effects on faith-based organizations partici- port social service programs and to participate fully in
pating in or seeking to participate in social service pro- the social service programs supported with Federal fi-
grams supported with Federal financial assistance. nancial assistance without impairing their independ-
(d) ‘‘Agency’’ means a department or agency in the ence, autonomy, expression outside the programs in
executive branch. question, or religious character. Accordingly, a faith-
(e) ‘‘Specified agency heads’’ means: based organization that applies for, or participates in,
(i) the Attorney General; a social service program supported with Federal finan-
(ii) the Secretary of Agriculture; cial assistance may retain its independence and may
(iii) the Secretary of Commerce; continue to carry out its mission, including the defini-
(iv) the Secretary of Labor; tion, development, practice, and expression of its reli-
(v) the Secretary of Health and Human Services; gious beliefs, provided that it does not use direct Fed-
(vi) the Secretary of Housing and Urban Develop- eral financial assistance that it receives (including
ment; through a prime award or sub-award) to support or en-
(vii) the Secretary of Education; gage in any explicitly religious activities (including ac-
(viii) the Secretary of Veterans Affairs; tivities that involve overt religious content such as
(ix) the Secretary of Homeland Security; worship, religious instruction, or proselytization), or in
(x) the Administrator of the Environmental Protec- any other manner prohibited by law. Among other
tion Agency; things, faith-based organizations that receive Federal
(xi) the Administrator of the Small Business Admin- financial assistance may use their facilities to provide
istration; social services supported with Federal financial assist-
(xii) the Administrator of the United States Agency ance, without removing or altering religious art, icons,
for International Development; and scriptures, or other symbols from these facilities. In
(xiii) the Chief Executive Officer of the Corporation addition, a faith-based organization that applies for, or
for National and Community Service. participates in, a social service program supported with
SEC. 2. Fundamental Principles. In formulating and im- Federal financial assistance may retain religious terms
plementing policies that have implications for faith- in its name, select its board members on a religious
based and other neighborhood organizations, agencies basis, and include religious references in its organiza-
that administer social service programs or that support tion’s mission statements and other chartering or gov-
(including through prime awards or sub-awards) social erning documents.
service programs with Federal financial assistance (h) To promote transparency and accountability,
shall, to the extent permitted by law, be guided by the agencies that provide Federal financial assistance for
following fundamental principles: social service programs shall post online, in an easily
(a) Federal financial assistance for social service pro- accessible manner, regulations, guidance documents,
grams should be distributed in the most effective and and policies that reflect or elaborate upon the funda-
efficient manner possible. mental principles described in this section. Agencies
(b) The Nation’s social service capacity will benefit if shall also post online a list of entities that receive Fed-
all eligible organizations, including faith-based and eral financial assistance for provision of social service
other neighborhood organizations, are able to compete programs, consistent with law and pursuant to guid-
on an equal footing for Federal financial assistance ance set forth in paragraph (c) of section 3 of this order.
used to support social service programs. (i) Decisions about awards of Federal financial assist-
(c) No organization should be discriminated against ance must be free from political interference or even
on the basis of religion or religious belief in the admin- the appearance of such interference and must be made
istration or distribution of Federal financial assistance on the basis of merit, not on the basis of the religious
under social service programs. affiliation of a recipient organization or lack thereof.
(d) All organizations that receive Federal financial SEC. 3. Ensuring Uniform Implementation Across the
assistance under social service programs should be pro- Federal Government. In order to promote uniformity in
hibited from discriminating against beneficiaries or agencies’ policies that have implications for faith-
prospective beneficiaries of the social service programs based and other neighborhood organizations and in re-
on the basis of religion or religious belief. Accordingly, lated guidance, and to ensure that those policies and
organizations, in providing services supported in whole guidance are consistent with the fundamental prin-
or in part with Federal financial assistance, and in ciples set forth in section 2 of this order, there is estab-
their outreach activities related to such services, lished an Interagency Working Group on Faith-Based
should not be allowed to discriminate against current and Other Neighborhood Partnerships (Working Group).
or prospective program beneficiaries on the basis of re- (a) Mission and Function of the Working Group. The
ligion, a religious belief, a refusal to hold a religious Working Group shall meet periodically to review and
belief, or a refusal to attend or participate in a reli- evaluate existing agency regulations, guidance docu-
gious practice. ments, and policies that have implications for faith-
(e) The Federal Government must implement Federal based and other neighborhood organizations. Where ap-
programs in accordance with the Establishment Clause propriate, specified agency heads shall, to the extent
and the Free Exercise Clause of the First Amendment permitted by law, amend all such existing policies of
to the United States Constitution, as well as other ap- their respective agencies to ensure that they are con-
plicable law, and must monitor and enforce standards sistent with the fundamental principles set forth in
regarding the relationship between religion and govern- section 2 of this order.
Page 187 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
(b) Uniform Agency Implementation. Within 120 days of striction of the labor pool caused by the unwarranted
the date of this order, the Working Group shall submit exclusion of faith-based organizations from such con-
a report to the President on amendments, changes, or tracts, section 204 of Executive Order 11246 of Sep-
additions that are necessary to ensure that regulations tember 24, 1965, as amended, [42 U.S.C. 2000e note] is
and guidance documents associated with the distribu- hereby further amended to read as follows:
tion of Federal financial assistance for social service ‘‘SEC. 204 (a) The Secretary of Labor may, when the
programs are consistent with the fundamental prin- Secretary deems that special circumstances in the na-
ciples set forth in section 2 of this order. The Working tional interest so require, exempt a contracting agency
Group’s report should include, but not be limited to, a from the requirement of including any or all of the pro-
model set of regulations and guidance documents for visions of Section 202 of this Order in any specific con-
agencies to adopt in the following areas: tract, subcontract, or purchase order.
(i) prohibited uses of direct Federal financial assist- (b) The Secretary of Labor may, by rule or regula-
ance and separation requirements; (ii) protections for tion, exempt certain classes of contracts, subcontracts,
religious identity; (iii) the distinction between ‘‘direct’’ or purchase orders (1) whenever work is to be or has
and ‘‘indirect’’ Federal financial assistance; (iv) protec- been performed outside the United States and no re-
tions for beneficiaries of social service programs; (v) cruitment of workers within the limits of the United
transparency requirements, consistent with and in fur- States is involved; (2) for standard commercial supplies
therance of existing open government initiatives; (vi) or raw materials; (3) involving less than specified
obligations of nongovernmental and governmental amounts of money or specified numbers of workers; or
intermediaries; (vii) instructions for peer reviewers and (4) to the extent that they involve subcontracts below
those who recruit peer reviewers; and (viii) training on a specified tier.
these matters for government employees and for Fed- (c) Section 202 of this Order shall not apply to a Gov-
eral, State, and local governmental and nongovern- ernment contractor or subcontractor that is a religious
mental organizations that receive Federal financial as- corporation, association, educational institution, or so-
sistance under social service programs. In developing ciety, with respect to the employment of individuals of
this report and in reviewing agency regulations and a particular religion to perform work connected with
guidance for consistency with section 2 of this order, the carrying on by such corporation, association, edu-
the Working Group shall consult the March 2010 report cational institution, or society of its activities. Such
and recommendations prepared by the President’s Ad- contractors and subcontractors are not exempted or ex-
visory Council on Faith-Based and Neighborhood Part- cused from complying with the other requirements con-
nerships on the topic of reforming the White House Of- tained in this Order.
fice of Faith-Based and Neighborhood Partnerships. (d) The Secretary of Labor may also provide, by rule,
(c) Guidance. The Director of the Office of Manage- regulation, or order, for the exemption of facilities of
ment and Budget (OMB), following receipt of a copy of a contractor that are in all respects separate and dis-
the report of the Working Group, and in coordination tinct from activities of the contractor related to the
with the Department of Justice, shall issue guidance to performance of the contract: provided, that such an ex-
agencies on the implementation of this order, including emption will not interfere with or impede the effec-
in particular subsections 2(h)–(j). tuation of the purposes of this Order: and provided fur-
(d) Membership of the Working Group. The Director of ther, that in the absence of such an exemption all fa-
the White House Office of Faith-Based and Neighbor- cilities shall be covered by the provisions of this
hood Partnerships and a senior official from the OMB Order.’’
designated by the Director of the OMB shall serve as SEC. 5. General Provisions.
the Co-Chairs of the Working Group. The Co-Chairs (a) This order supplements but does not supersede the
shall convene regular meetings of the Working Group, requirements contained in Executive Orders 13198 [set
determine its agenda, and direct its work. In addition out above] and 13199 [3 U.S.C. note prec. 101] of January
to the Co-Chairs, the Working Group shall consist of a 29, 2001.
senior official with knowledge of policies that have im- (b) The agencies shall coordinate with the White
plications for faith-based and other neighborhood orga- House Office of Faith-Based and Neighborhood Partner-
nizations from the following agencies and offices: ships concerning the implementation of this order.
(i) the Department of State; (c) Nothing in this order shall be construed to require
(ii) the Department of Justice; an agency to take any action that would impair the
(iii) the Department of the Interior; conduct of foreign affairs or the national security.
(iv) the Department of Agriculture; SEC. 6. Responsibilities of Executive Departments and
(v) the Department of Commerce; Agencies. All executive departments and agencies (agen-
(vi) the Department of Labor; cies) shall:
(vii) the Department of Health and Human Services; (a) designate an agency employee to serve as the liai-
(viii) the Department of Housing and Urban Develop- son and point of contact with the White House Office of
ment; Faith-Based and Neighborhood Partnerships; and
(ix) the Department of Education; (b) cooperate with the White House Office of Faith-
(x) the Department of Veterans Affairs; Based and Neighborhood Partnerships and provide such
(xi) the Department of Homeland Security; information, support, and assistance to the White
(xii) the Environmental Protection Agency; House Office of Faith-Based and Neighborhood Partner-
(xiii) the Small Business Administration; ships as it may request, to the extent permitted by law.
(xiv) the United States Agency for International De- SEC. 7. Judicial Review.
velopment; This order is intended only to improve the internal
(xv) the Corporation for National and Community management of the executive branch, and it is not in-
Service; and tended to, and does not, create any right or benefit,
(xvi) other agencies and offices as the President, from substantive or procedural, enforceable at law or in eq-
time to time, may designate. uity by a party against the United States, its agencies,
(e) Administration of the Initiative. The Department of or entities, its officers, employees or agents, or any
Health and Human Services shall provide funding and person.
administrative support for the Working Group to the
EX. ORD. NO. 13280. RESPONSIBILITIES OF THE DEPART-
extent permitted by law and within existing appropria-
MENT OF AGRICULTURE AND THE AGENCY FOR INTER-
tions.
NATIONAL DEVELOPMENT WITH RESPECT TO FAITH-
SEC. 4. Amendment of Executive Order 11246.
BASED AND COMMUNITY INITIATIVES
Pursuant to section 121(a) of title 40, United States
Code, and section 301 of title 3, United States Code, and Ex. Ord. No. 13280, Dec. 12, 2002, 67 F.R. 77145, as
in order to further the strong Federal interest in ensur- amended by Ex. Ord. No. 13831, § 2(a), May 3, 2018, 83
ing that the cost and progress of Federal procurement F.R. 20715; Ex. Ord. No. 14015, § 5(a), Feb. 14, 2021, 86 F.R.
contracts are not adversely affected by an artificial re- 10008, provided:
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 188
By the authority vested in me as President by the based and other community organizations regarding
Constitution and the laws of the United States of the program activities of the agency and the prepara-
America, and in order to help the Federal Government tion of applications or proposals for grants, coopera-
coordinate a national effort to expand opportunities for tive agreements, contracts, and procurement.
faith-based and other community organizations and to (c) Performance Indicators. The first report, filed 180
strengthen their capacity to better meet social needs in days after the date of this order, shall include annual
America’s communities, it is hereby ordered as follows: performance indicators and measurable objectives for
SECTION 1. Establishment of Centers for Faith-Based and agency action. Each report filed thereafter shall meas-
Neighborhood Partnerships at the Department of Agri- ure the agency’s performance against the objectives set
culture and the Agency for International Development. (a) forth in the initial report.
The Secretary of Agriculture and the Administrator of SEC. 5. Responsibilities of the Secretary of Agriculture
the Agency for International Development shall each and the Administrator of the Agency for International De-
establish within their respective agencies a Center for velopment. The Secretary and the Administrator shall:
Faith-Based and Neighborhood Partnerships (Center). (a) designate an employee within their respective
(b) Each of these Centers shall be supervised by a Di- agencies to serve as the liaison and point of contact
rector, appointed by the agency head in consultation with the White House Office of Faith-Based and Neigh-
with the White House Office of Faith-Based and Neigh- borhood Partnerships; and
borhood Partnerships (White House Office of Faith- (b) cooperate with the White House Office of Faith-
Based and Neighborhood Partnerships). Based and Neighborhood Partnerships and provide such
(c) Each agency shall provide its Center with appro- information, support, and assistance to the White
priate staff, administrative support, and other re- House Office of Faith-Based and Neighborhood Partner-
sources to meet its responsibilities under this order. ships as it may request, to the extent permitted by law.
(d) Each Center shall begin operations no later than SEC. 6. Administration and Judicial Review. (a) The
45 days from the date of this order. agency actions directed by this executive order shall be
SEC. 2. Purpose of Executive Branch Centers for Faith- carried out subject to the availability of appropriations
Based and Neighborhood Partnerships. The purpose of the and to the extent permitted by law.
agency Centers will be to coordinate agency efforts to (b) This order is not intended to, and does not, create
eliminate regulatory, contracting, and other pro- any right or benefit, substantive or procedural, enforce-
grammatic obstacles to the participation of faith-based able at law or equity by a party against the United
and other community organizations in the provision of States, its agencies, or entities, its officers, employees
social services. or agents, or any other person.
SEC. 3. Responsibilities of the Centers for Faith-Based
EX. ORD. NO. 13342. RESPONSIBILITIES OF THE DEPART-
and Neighborhood Partnerships. Each Center shall, to the
MENTS OF COMMERCE AND VETERANS AFFAIRS AND THE
extent permitted by law:
SMALL BUSINESS ADMINISTRATION WITH RESPECT TO
(a) conduct, in coordination with the White House Of-
FAITH-BASED AND COMMUNITY INITIATIVES
fice of Faith-Based and Neighborhood Partnerships, an
agency-wide audit to identify all existing barriers to Ex. Ord. No. 13342, June 1, 2004, 69 F.R. 31509, as
the participation of faith-based and other community amended by Ex. Ord. No. 13831, § 2(a), May 3, 2018, 83
organizations in the delivery of social services by the F.R. 20715; Ex. Ord. No. 14015, § 5(a), Feb. 14, 2021, 86 F.R.
agency, including but not limited to regulations, rules, 10008, provided:
orders, procurement, and other internal policies and By the authority vested in me as President by the
practices, and outreach activities that either facially Constitution and the laws of the United States of
discriminate against or otherwise discourage or dis- America, and in order to help the Federal Government
advantage the participation of faith-based and other coordinate a national effort to expand opportunities for
community organizations in Federal programs; faith-based and other community organizations and to
(b) coordinate a comprehensive agency effort to in- strengthen their capacity to better meet America’s so-
corporate faith-based and other community organiza- cial and community needs, it is hereby ordered as fol-
tions in agency programs and initiatives to the great- lows:
est extent possible; SECTION 1. Establishment of Centers for Faith-Based and
(c) propose initiatives to remove barriers identified Neighborhood Partnerships at the Departments of Com-
pursuant to section 3(a) of this order, including but not merce and Veterans Affairs and the Small Business Admin-
limited to reform of regulations, procurement, and istration.
other internal policies and practices, and outreach ac- (a) The Secretaries of Commerce and Veterans Affairs
tivities; and the Administrator of the Small Business Adminis-
(d) propose the development of innovative pilot and tration shall each establish within their respective
demonstration programs to increase the participation agencies a Center for Faith-Based and Neighborhood
of faith-based and other community organizations in Partnerships (Center).
Federal as well as State and local initiatives; and (b) Each of these Centers shall be supervised by a Di-
(e) develop and coordinate agency outreach efforts to rector, appointed by the agency head in consultation
disseminate information more effectively to faith- with the White House Office of Faith-Based and Neigh-
based and other community organizations with respect borhood Partnerships (White House Office of Faith-
to programming changes, contracting opportunities, Based and Neighborhood Partnerships).
and other agency initiatives, including but not limited (c) Each agency shall provide its Center with appro-
to Web and Internet resources. priate staff, administrative support, and other re-
SEC. 4. Reporting Requirements. sources to meet its responsibilities under this order.
(a) Report. Not later than 180 days from the date of (d) Each Center shall begin operations no later than
this order and annually thereafter, each of the two Cen- 45 days from the date of this order.
ters described in section 1 of this order shall prepare SEC. 2. Purpose of Executive Branch Centers for Faith-
and submit a report to the White House Office of Faith- Based and Neighborhood Partnerships. The purpose of the
Based and Neighborhood Partnerships. agency Centers will be to coordinate agency efforts to
(b) Contents. The report shall include a description of eliminate regulatory, contracting, and other pro-
the agency’s efforts in carrying out its responsibilities grammatic obstacles to the participation of faith-based
under this order, including but not limited to: and other community organizations in the provision of
(i) a comprehensive analysis of the barriers to the social and community services.
full participation of faith-based and other community SEC. 3. Responsibilities of the Centers for Faith-Based
organizations in the delivery of social services identi- and Neighborhood Partnerships. Each Center shall, to the
fied pursuant to section 3(a) of this order and the pro- extent permitted by law:
posed strategies to eliminate those barriers; and (a) conduct, in coordination with the White House Of-
(ii) a summary of the technical assistance and fice of Faith-Based and Neighborhood Partnerships, an
other information that will be available to faith- agency-wide audit to identify all existing barriers to
Page 189 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
the participation of faith-based and other community EX. ORD. NO. 13397. RESPONSIBILITIES OF THE DEPART-
organizations in the delivery of social and community MENT OF HOMELAND SECURITY WITH RESPECT TO
services by the agency, including but not limited to FAITH-BASED AND COMMUNITY INITIATIVES
regulations, rules, orders, procurement, and other in- Ex. Ord. No. 13397, Mar. 7, 2006, 71 F.R. 12275, as
ternal policies and practices, and outreach activities amended by Ex. Ord. No. 13831, § 2(a), May 3, 2018, 83
that either facially discriminate against or otherwise F.R. 20715; Ex. Ord. No. 14015, § 5, Feb. 14, 2021, 86 F.R.
discourage or disadvantage the participation of faith- 10008, provided:
based and other community organizations in Federal By the authority vested in me as President by the
programs; Constitution and the laws of the United States of
(b) coordinate a comprehensive agency effort to in- America, and in order to help the Federal Government
corporate faith-based and other community organiza- coordinate a national effort to expand opportunities for
tions in agency programs and initiatives to the great- faith-based and other community organizations and to
est extent possible; strengthen their capacity to better meet America’s so-
(c) propose initiatives to remove barriers identified cial and community needs, it is hereby ordered as fol-
pursuant to section 3(a) of this order, including but not lows:
limited to reform of regulations, procurement, and SECTION 1. Establishment of a Center for Faith-Based
other internal policies and practices, and outreach ac- and Neighborhood Partnerships at the Department of
tivities; Homeland Security.
(d) propose the development of innovative pilot and (a) The Secretary of Homeland Security (Secretary)
demonstration programs to increase the participation shall establish within the Department of Homeland Se-
of faith-based and other community organizations in curity (Department) a Center for Faith-Based and
Federal as well as State and local initiatives; and Neighborhood Partnerships (Center).
(e) develop and coordinate agency outreach efforts to (b) The Center shall be supervised by a Director ap-
disseminate information more effectively to faith- pointed by [the] Secretary. The Secretary shall consult
based and other community organizations with respect with the Executive Director of the White House Office
to programming changes, contracting opportunities, of Faith-Based and Neighborhood Partnerships (Execu-
and other agency initiatives, including but not limited tive Director) prior to making such appointment.
to Web and Internet resources. (c) The Department shall provide the Center with ap-
SEC. 4. Reporting Requirements. (a) Report. Not later propriate staff, administrative support, and other re-
than 180 days from the date of this order and annually sources to meet its responsibilities under this order.
thereafter, each of the three Centers described in sec- (d) The Center shall begin operations no later than 45
tion 1 of this order shall prepare and submit a report to days from the date of this order.
SEC. 2. Purpose of Center. The purpose of the Center
the President through the White House Office of Faith-
shall be to coordinate agency efforts to eliminate regu-
Based and Neighborhood Partnerships.
latory, contracting, and other programmatic obstacles
(b) Contents. The report shall include a description of to the participation of faith-based and other commu-
the agency’s efforts in carrying out its responsibilities nity organizations in the provision of social and com-
under this order, including but not limited to: munity services.
(i) a comprehensive analysis of the barriers to the SEC. 3. Responsibilities of the Center for Faith-Based and
full participation of faith-based and other community Neighborhood Partnerships. In carrying out the purpose
organizations in the delivery of social and commu- set forth in section 2 of this order, the Center shall:
nity services identified pursuant to section 3(a) of (a) conduct, in coordination with the Executive Di-
this order and the proposed strategies to eliminate rector, a department-wide audit to identify all existing
those barriers; and barriers to the participation of faith-based and other
(ii) a summary of the technical assistance and community organizations in the delivery of social and
other information that will be available to faith- community services by the Department, including but
based and other community organizations regarding not limited to regulations, rules, orders, procurement,
the program activities of the agency and the prepara- and other internal policies and practices, and outreach
tion of applications or proposals for grants, coopera- activities that unlawfully discriminate against, or oth-
tive agreements, contracts, and procurement. erwise discourage or disadvantage the participation of
(c) Performance Indicators. The first report, filed pur- faith-based and other community organizations in Fed-
suant to section 4(a) of this order, shall include annual eral programs;
performance indicators and measurable objectives for (b) coordinate a comprehensive departmental effort
agency action. Each report filed thereafter shall meas- to incorporate faith-based and other community orga-
ure the agency’s performance against the objectives set nizations in Department programs and initiatives to
forth in the initial report. the greatest extent possible;
SEC. 5. Responsibilities of the Secretaries of Commerce (c) propose initiatives to remove barriers identified
and Veterans Affairs and the Administrator of the Small pursuant to section 3(a) of this order, including but not
Business Administration. The Secretaries and the Admin- limited to reform of regulations, procurement, and
istrator shall: other internal policies and practices, and outreach ac-
(a) designate an employee within their respective tivities;
agencies to serve as the liaison and point of contact (d) propose the development of innovative pilot and
with the White House Office of Faith-Based and Neigh- demonstration programs to increase the participation
borhood Partnerships; and of faith-based and other community organizations in
Federal as well as State and local initiatives; and
(b) cooperate with the White House Office of Faith- (e) develop and coordinate Departmental outreach ef-
Based and Neighborhood Partnerships and provide such forts to disseminate information more effectively to
information, support, and assistance to the White faith-based and other community organizations with
House Office of Faith-Based and Neighborhood Partner- respect to programming changes, contracting opportu-
ships as it may request, to the extent permitted by law. nities, and other agency initiatives, including but not
SEC. 6. Administration and Judicial Review. (a) The limited to Web and Internet resources.
agency actions directed by this executive order shall be SEC. 4. Reporting Requirements.
carried out subject to the availability of appropriations (a) Report. Not later than 180 days from the date of
and to the extent permitted by law. this order and annually thereafter, the Center shall
(b) This order is not intended to, and does not, create prepare and submit a report to the Executive Director.
any right or benefit, substantive or procedural, enforce- (b) Contents. The report shall include a description of
able at law or in equity by a party against the United the Department’s efforts in carrying out its respon-
States, its departments, agencies, instrumentalities or sibilities under this order, including but not limited to:
entities, its officers, employees or agents, or any other (i) a comprehensive analysis of the barriers to the
person. full participation of faith-based and other community
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 190
organizations in the delivery of social and commu- common carrier, that makes the property available for
nity services identified pursuant to section 3(a) of use by the general public as of right;
this order and the proposed strategies to eliminate (d) preventing or mitigating a harmful use of land
those barriers; and that constitutes a threat to public health, safety, or
(ii) a summary of the technical assistance and the environment;
other information that will be available to faith- (e) acquiring abandoned property;
based and other community organizations regarding (f) quieting title to real property;
the program activities of the agency and the prepara- (g) acquiring ownership or use by a public utility;
tion of applications or proposals for grants, coopera- (h) facilitating the disposal or exchange of Federal
tive agreements, contracts, and procurement. property; or
(c) Performance Indicators. The first report shall in- (i) meeting military, law enforcement, public safety,
clude annual performance indicators and measurable public transportation, or public health emergencies.
objectives for Departmental action. Each report filed SEC. 4. General Provisions. (a) This order shall be im-
thereafter shall measure the Department’s performance plemented consistent with applicable law and subject
against the objectives set forth in the initial report. to the availability of appropriations.
SEC. 5. Responsibilities of the Secretary. The Secretary (b) Nothing in this order shall be construed to impair
shall: or otherwise affect:
(a) designate an employee within the department to (i) authority granted by law to a department or agen-
serve as the liaison and point of contact with the Exec- cy or the head thereof; or
utive Director; and (ii) functions of the Director of the Office of Manage-
(b) cooperate with the Executive Director and provide ment and Budget relating to budget, administrative, or
such information, support, and assistance to the Execu- legislative proposals.
(c) This order shall be implemented in a manner con-
tive Director as requested to implement this order.
SEC. 6. General Provisions. (a) This order shall be im- sistent with Executive Order 12630 of March 15, 1988.
(d) This order is not intended to, and does not, create
plemented subject to the availability of appropriations
any right or benefit, substantive or procedural, enforce-
and to the extent permitted by law.
(b) This order is not intended to, and does not, create able at law or in equity against the United States, its
any right or benefit, substantive or procedural, enforce- departments, agencies, entities, officers, employees, or
able at law or in equity by a party against the United agents, or any other person.
States, its agencies, or entities, its officers, employees, GEORGE W. BUSH.
or agents, or any other person. EX. ORD. NO. 13497. REVOCATION OF CERTAIN EXECUTIVE
EX. ORD. NO. 13406. PROTECTING THE PROPERTY RIGHTS ORDERS CONCERNING REGULATORY PLANNING AND REVIEW
OF THE AMERICAN PEOPLE Ex. Ord. No. 13497, Jan. 30, 2009, 74 F.R. 6113, provided:
Ex. Ord. No. 13406, June 23, 2006, 71 F.R. 36973, pro- By the authority vested in me as President by the
vided: Constitution and the laws of the United States of
By the authority vested in me as President by the America, it is hereby ordered that:
Constitution and the laws of the United States of SECTION 1. Executive Order 13258 of February 26, 2002,
America, and to strengthen the rights of the American and Executive Order 13422 of January 18, 2007, con-
people against the taking of their private property, it cerning regulatory planning and review, which amend-
is hereby ordered as follows: ed Executive Order 12866 of September 30, 1993, are re-
SECTION 1. Policy. It is the policy of the United States voked.
to protect the rights of Americans to their private SEC. 2. The Director of the Office of Management and
property, including by limiting the taking of private Budget and the heads of executive departments and
property by the Federal Government to situations in agencies shall promptly rescind any orders, rules, regu-
which the taking is for public use, with just compensa- lations, guidelines, or policies implementing or enforc-
tion, and for the purpose of benefiting the general pub- ing Executive Order 13258 or Executive Order 13422, to
lic and not merely for the purpose of advancing the eco- the extent consistent with law.
nomic interest of private parties to be given ownership SEC. 3. This order is not intended to, and does not,
or use of the property taken. create any right or benefit, substantive or procedural,
SEC. 2. Implementation. (a) The Attorney General enforceable at law or in equity by any party against
shall: the United States, its departments, agencies, or enti-
(i) issue instructions to the heads of departments and ties, its officers, employees, or agents, or any other
agencies to implement the policy set forth in section 1 person.
of this order; and BARACK OBAMA.
(ii) monitor takings by departments and agencies for
EX. ORD. NO. 13563. IMPROVING REGULATION AND
compliance with the policy set forth in section 1 of this
REGULATORY REVIEW
order.
(b) Heads of departments and agencies shall, to the Ex. Ord. No. 13563, Jan. 18, 2011, 76 F.R. 3821, provided:
extent permitted by law: By the authority vested in me as President by the
(i) comply with instructions issued under subsection Constitution and the laws of the United States of
(a)(i); and America, and in order to improve regulation and regu-
(ii) provide to the Attorney General such information latory review, it is hereby ordered as follows:
as the Attorney General determines necessary to carry SECTION 1. General Principles of Regulation. (a) Our reg-
out subsection (a)(ii). ulatory system must protect public health, welfare,
SEC. 3. Specific Exclusions. Nothing in this order shall safety, and our environment while promoting economic
be construed to prohibit a taking of private property by growth, innovation, competitiveness, and job creation.
the Federal Government, that otherwise complies with It must be based on the best available science. It must
applicable law, for the purpose of: allow for public participation and an open exchange of
(a) public ownership or exclusive use of the property ideas. It must promote predictability and reduce uncer-
by the public, such as for a public medical facility, tainty. It must identify and use the best, most innova-
roadway, park, forest, governmental office building, or tive, and least burdensome tools for achieving regu-
military reservation; latory ends. It must take into account benefits and
(b) projects designated for public, common carrier, costs, both quantitative and qualitative. It must ensure
public transportation, or public utility use, including that regulations are accessible, consistent, written in
those for which a fee is assessed, that serve the general plain language, and easy to understand. It must meas-
public and are subject to regulation by a governmental ure, and seek to improve, the actual results of regu-
entity; latory requirements.
(c) conveying the property to a nongovernmental en- (b) This order is supplemental to and reaffirms the
tity, such as a telecommunications or transportation principles, structures, and definitions governing con-
Page 191 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
temporary regulatory review that were established in and maintain flexibility and freedom of choice for the
Executive Order 12866 of September 30, 1993. As stated public. These approaches include warnings, appropriate
in that Executive Order and to the extent permitted by default rules, and disclosure requirements as well as
law, each agency must, among other things: (1) propose provision of information to the public in a form that is
or adopt a regulation only upon a reasoned determina- clear and intelligible.
tion that its benefits justify its costs (recognizing that SEC. 5. Science. Consistent with the President’s
some benefits and costs are difficult to quantify); (2) Memorandum for the Heads of Executive Departments
tailor its regulations to impose the least burden on so- and Agencies, ‘‘Scientific Integrity’’ (March 9, 2009),
ciety, consistent with obtaining regulatory objectives, and its implementing guidance, each agency shall en-
taking into account, among other things, and to the ex- sure the objectivity of any scientific and technological
tent practicable, the costs of cumulative regulations; information and processes used to support the agency’s
(3) select, in choosing among alternative regulatory ap- regulatory actions.
proaches, those approaches that maximize net benefits SEC. 6. Retrospective Analyses of Existing Rules. (a) To
(including potential economic, environmental, public facilitate the periodic review of existing significant
health and safety, and other advantages; distributive regulations, agencies shall consider how best to pro-
impacts; and equity); (4) to the extent feasible, specify mote retrospective analysis of rules that may be out-
performance objectives, rather than specifying the be- moded, ineffective, insufficient, or excessively burden-
havior or manner of compliance that regulated entities some, and to modify, streamline, expand, or repeal
must adopt; and (5) identify and assess available alter- them in accordance with what has been learned. Such
natives to direct regulation, including providing eco- retrospective analyses, including supporting data,
nomic incentives to encourage the desired behavior, should be released online whenever possible.
such as user fees or marketable permits, or providing (b) Within 120 days of the date of this order, each
information upon which choices can be made by the agency shall develop and submit to the Office of Infor-
public. mation and Regulatory Affairs a preliminary plan, con-
(c) In applying these principles, each agency is di- sistent with law and its resources and regulatory prior-
rected to use the best available techniques to quantify ities, under which the agency will periodically review
anticipated present and future benefits and costs as ac- its existing significant regulations to determine wheth-
curately as possible. Where appropriate and permitted er any such regulations should be modified, stream-
by law, each agency may consider (and discuss quali- lined, expanded, or repealed so as to make the agency’s
tatively) values that are difficult or impossible to regulatory program more effective or less burdensome
quantify, including equity, human dignity, fairness, in achieving the regulatory objectives.
and distributive impacts. SEC. 7. General Provisions. (a) For purposes of this
SEC. 2. Public Participation. (a) Regulations shall be order, ‘‘agency’’ shall have the meaning set forth in
adopted through a process that involves public partici- section 3(b) of Executive Order 12866.
pation. To that end, regulations shall be based, to the (b) Nothing in this order shall be construed to impair
extent feasible and consistent with law, on the open ex- or otherwise affect:
change of information and perspectives among State, (i) authority granted by law to a department or agen-
local, and tribal officials, experts in relevant dis- cy, or the head thereof; or
ciplines, affected stakeholders in the private sector, (ii) functions of the Director of the Office of Manage-
and the public as a whole. ment and Budget relating to budgetary, administra-
(b) To promote that open exchange, each agency, con- tive, or legislative proposals.
sistent with Executive Order 12866 and other applicable (c) This order shall be implemented consistent with
legal requirements, shall endeavor to provide the pub- applicable law and subject to the availability of appro-
lic with an opportunity to participate in the regulatory priations.
process. To the extent feasible and permitted by law, (d) This order is not intended to, and does not, create
each agency shall afford the public a meaningful oppor- any right or benefit, substantive or procedural, enforce-
tunity to comment through the Internet on any pro- able at law or in equity by any party against the
posed regulation, with a comment period that should United States, its departments, agencies, or entities,
generally be at least 60 days. To the extent feasible and its officers, employees, or agents, or any other person.
permitted by law, each agency shall also provide, for
both proposed and final rules, timely online access to BARACK OBAMA.
the rulemaking docket on regulations.gov, including EX. ORD. NO. 13579. REGULATION AND INDEPENDENT
relevant scientific and technical findings, in an open REGULATORY AGENCIES
format that can be easily searched and downloaded. For
proposed rules, such access shall include, to the extent Ex. Ord. No. 13579, July 11, 2011, 76 F.R. 41587, pro-
feasible and permitted by law, an opportunity for pub- vided:
lic comment on all pertinent parts of the rulemaking By the authority vested in me as President by the
docket, including relevant scientific and technical find- Constitution and the laws of the United States of
ings. America, and in order to improve regulation and regu-
(c) Before issuing a notice of proposed rulemaking, latory review, it is hereby ordered as follows:
each agency, where feasible and appropriate, shall seek SECTION 1. Policy. (a) Wise regulatory decisions de-
the views of those who are likely to be affected, includ- pend on public participation and on careful analysis of
ing those who are likely to benefit from and those who the likely consequences of regulation. Such decisions
are potentially subject to such rulemaking. are informed and improved by allowing interested
SEC. 3. Integration and Innovation. Some sectors and members of the public to have a meaningful oppor-
industries face a significant number of regulatory re- tunity to participate in rulemaking. To the extent per-
quirements, some of which may be redundant, incon- mitted by law, such decisions should be made only after
sistent, or overlapping. Greater coordination across consideration of their costs and benefits (both quan-
agencies could reduce these requirements, thus reduc- titative and qualitative).
ing costs and simplifying and harmonizing rules. In de- (b) Executive Order 13563 of January 18, 2011, ‘‘Im-
veloping regulatory actions and identifying appropriate proving Regulation and Regulatory Review,’’ directed
approaches, each agency shall attempt to promote such to executive agencies, was meant to produce a regu-
coordination, simplification, and harmonization. Each latory system that protects ‘‘public health, welfare,
agency shall also seek to identify, as appropriate, safety, and our environment while promoting economic
means to achieve regulatory goals that are designed to growth, innovation, competitiveness, and job cre-
promote innovation. ation.’’ Independent regulatory agencies, no less than
SEC. 4. Flexible Approaches. Where relevant, feasible, executive agencies, should promote that goal.
and consistent with regulatory objectives, and to the (c) Executive Order 13563 set out general require-
extent permitted by law, each agency shall identify and ments directed to executive agencies concerning public
consider regulatory approaches that reduce burdens participation, integration and innovation, flexible ap-
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 192
proaches, and science. To the extent permitted by law, of the Federal Government, such as poor project design,
independent regulatory agencies should comply with incomplete applications, uncertain funding, or multiple
these provisions as well. reviews and approvals by State, local, tribal, or other
SEC. 2. Retrospective Analyses of Existing Rules. (a) To jurisdictions. Given these factors, it is critical that ex-
facilitate the periodic review of existing significant ecutive departments and agencies (agencies) take all
regulations, independent regulatory agencies should steps within their authority, consistent with available
consider how best to promote retrospective analysis of resources, to execute Federal permitting and review
rules that may be outmoded, ineffective, insufficient, processes with maximum efficiency and effectiveness,
or excessively burdensome, and to modify, streamline, ensuring the health, safety, and security of commu-
expand, or repeal them in accordance with what has nities and the environment while supporting vital eco-
been learned. Such retrospective analyses, including nomic growth.
supporting data and evaluations, should be released on- To achieve that objective, our Federal permitting
line whenever possible. and review processes must provide a transparent, con-
(b) Within 120 days of the date of this order, each sistent, and predictable path for both project sponsors
independent regulatory agency should develop and re- and affected communities. They must ensure that agen-
lease to the public a plan, consistent with law and re- cies set and adhere to timelines and schedules for com-
flecting its resources and regulatory priorities and pletion of reviews, set clear permitting performance
processes, under which the agency will periodically re- goals, and track progress against those goals. They
view its existing significant regulations to determine must encourage early collaboration among agencies,
whether any such regulations should be modified, project sponsors, and affected stakeholders in order to
streamlined, expanded, or repealed so as to make the incorporate and address their interests and minimize
agency’s regulatory program more effective or less bur- delays. They must provide for transparency and ac-
densome in achieving the regulatory objectives. countability by utilizing cost-effective information
SEC. 3. General Provisions. (a) For purposes of this technology to collect and disseminate information
order, ‘‘executive agency’’ shall have the meaning set about individual projects and agency performance, so
forth for the term ‘‘agency’’ in section 3(b) of Executive that the priorities and concerns of all our citizens are
Order 12866 of September 30, 1993, and ‘‘independent reg- considered. They must rely upon early and active con-
ulatory agency’’ shall have the meaning set forth in 44 sultation with State, local, and tribal governments to
U.S.C. 3502(5). avoid conflicts or duplication of effort, resolve con-
(b) Nothing in this order shall be construed to impair cerns, and allow for concurrent rather than sequential
or otherwise affect: reviews. They must recognize the critical role project
(i) authority granted by law to a department or agen- sponsors play in assuring the timely and cost-effective
cy, or the head thereof; or review of projects by providing complete information
(ii) functions of the Director of the Office of Manage- and analysis and by supporting, as appropriate, the
ment and Budget relating to budgetary, administra- costs associated with review. And, they must enable
tive, or legislative proposals. agencies to share priorities, work collaboratively and
(c) This order shall be implemented consistent with concurrently to advance reviews and permitting deci-
applicable law and subject to the availability of appro- sions, and facilitate the resolution of disputes at all
priations. levels of agency organization.
(d) This order is not intended to, and does not, create Each of these elements must be incorporated into
any right or benefit, substantive or procedural, enforce- routine agency practice to provide demonstrable im-
able at law or in equity by any party against the provements in the performance of Federal infrastruc-
United States, its departments, agencies, or entities, ture permitting and review processes, including lower
its officers, employees, or agents, or any other person. costs, more timely decisions, and a healthier and clean-
er environment. Also, these elements must be inte-
BARACK OBAMA.
grated into project planning processes so that projects
EX. ORD. NO. 13604. IMPROVING PERFORMANCE OF FED- are designed appropriately to avoid, to the extent prac-
ERAL PERMITTING AND REVIEW OF INFRASTRUCTURE ticable, adverse impacts on public health, security, his-
PROJECTS toric properties and other cultural resources, and the
environment, and to minimize or mitigate impacts that
Ex. Ord. No. 13604, Mar. 22, 2012, 77 F.R. 18887, pro- may occur. Permitting and review process improve-
vided: ments that have proven effective must be expanded and
By the authority vested in me as President by the institutionalized.
Constitution and the laws of the United States of (b) In advancing this policy, this order expands upon
America, and in order to significantly reduce the ag- efforts undertaken pursuant to Executive Order 13580 of
gregate time required to make decisions in the permit- July 12, 2011 (Interagency Working Group on Coordina-
ting and review of infrastructure projects by the Fed- tion of Domestic Energy Development and Permitting
eral Government, while improving environmental and in Alaska), Executive Order 13563 of January 18, 2011
community outcomes, it is hereby ordered as follows: (Improving Regulation and Regulatory Review), and
SECTION 1. Policy. (a) To maintain our Nation’s com- my memorandum of August 31, 2011 (Speeding Infra-
petitive edge and ensure an economy built to last, the structure Development Through More Efficient and Ef-
United States must have fast, reliable, resilient, and fective Permitting and Environmental Review), as well
environmentally sound means of moving people, goods, as other ongoing efforts.
energy, and information. In a global economy, we will SEC. 2. Steering Committee on Federal Infrastructure
compete for the world’s investments based in signifi- Permitting and Review Process Improvement. There is es-
cant part on the quality of our infrastructure. Invest- tablished a Steering Committee on Federal Infrastruc-
ing in the Nation’s infrastructure provides immediate ture Permitting and Review Process Improvement
and long-term economic benefits for local communities (Steering Committee), to be chaired by the Chief Per-
and the Nation as a whole. formance Officer (CPO), in consultation with the Chair
The quality of our Nation’s infrastructure depends in of the Council on Environmental Quality (CEQ).
critical part on Federal permitting and review proc- (a) Infrastructure Projects Covered by this Order. The
esses, including planning, approval, and consultation Steering Committee shall facilitate improvements in
processes. These processes inform decision-makers and Federal permitting and review processes for infrastruc-
affected communities about the potential benefits and ture projects in sectors including surface transpor-
impacts of proposed infrastructure projects, and ensure tation, aviation, ports and waterways, water resource
that projects are designed, built, and maintained in a projects, renewable energy generation, electricity
manner that is consistent with protecting our public transmission, broadband, pipelines, and other such sec-
health, welfare, safety, national security, and environ- tors as determined by the Steering Committee.
ment. Reviews and approvals of infrastructure projects (b) Membership. Each of the following agencies (Mem-
can be delayed due to many factors beyond the control ber Agencies) shall be represented on the Steering
Page 193 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
Committee by a Deputy Secretary or equivalent officer share environmental and project-related information
of the United States: with the public, project sponsors, and permit reviewers;
(i) the Department of Defense; and
(ii) the Department of the Interior; (iv) identifying timeframes and Member Agency re-
(iii) the Department of Agriculture; sponsibilities for the implementation of each proposed
(iv) the Department of Commerce; action.
(v) the Department of Transportation; (b) Each Member Agency shall:
(vi) the Department of Energy; (i) by June 30, 2012, submit to the CPO an Agency
(vii) the Department of Homeland Security; Plan identifying those permitting and review processes
(viii) the Environmental Protection Agency; the Member Agency views as most critical to signifi-
(ix) the Advisory Council on Historic Preservation; cantly reducing the aggregate time required to make
(x) the Department of the Army; and permitting and review decisions on infrastructure
(xi) such other agencies or offices as the CPO may in- projects while improving outcomes for communities
vite to participate. and the environment, and describing specific and meas-
(c) Projects of National or Regional Significance. In fur- urable actions the agency will take to improve these
therance of the policies of this order, the Member processes, including:
Agencies shall coordinate and consult with each other (1) performance metrics, including timelines or
to select, submit to the CPO by April 30, 2012, and peri- schedules for review;
odically update thereafter, a list of infrastructure (2) technological improvements, such as institu-
projects of national or regional significance that will tionalized use of the Dashboard and other informa-
have their status tracked on the online Federal Infra- tion technology systems;
structure Projects Dashboard (Dashboard) created pur- (3) other practices, such as pre-application proce-
suant to my memorandum of August 31, 2011. dures, early collaboration with other agencies,
(d) Responsibilities of the Steering Committee. The Steer- project sponsors, and affected stakeholders, and co-
ing Committee shall: ordination with State, local, and tribal governments;
(i) develop a Federal Permitting and Review Perform- and
ance Plan (Federal Plan), as described in section 3(a) of (4) steps the Member Agency will take to imple-
this order; ment the Federal Plan.
(ii) implement the Federal Plan and coordinate reso- (ii) by July 31, 2012, following coordination with other
lution of disputes among Member Agencies relating to Member Agencies and interested agencies, publish its
implementation of the Federal Plan; and Agency Plan on the Dashboard; and
(iii) coordinate and consult with other agencies, of- (iii) by December 31, 2012, and every 6 months there-
fices, and interagency working groups as necessary, in- after, report progress to the CPO on implementing its
cluding the President’s Management Council and Per- Agency Plan, as well as specific opportunities for addi-
formance Improvement Councils, and, with regard to tional improvements to its permitting and review pro-
use and expansion of the Dashboard, the Chief Informa- cedures.
tion Officer (CIO) and Chief Technology Officer to im- SEC. 4. General Provisions. (a) Nothing in this order
plement this order. shall be construed to impair or otherwise affect:
(e) Duties of the CPO. The CPO shall: (i) the authority granted by law to an executive de-
(i) in consultation with the Chair of CEQ and Member
partment, agency, or the head thereof; or
Agencies, issue guidance on the implementation of this
(ii) the functions of the Director of the Office of Man-
order;
agement and Budget relating to budgetary, administra-
(ii) in consultation with Member Agencies, develop
tive, or legislative proposals.
and track performance metrics for evaluating imple-
(b) This order shall be implemented consistent with
mentation of the Federal Plan and Agency Plans; and
applicable law and subject to the availability of appro-
(iii) by January 31, 2013, and annually thereafter,
priations.
after input from interested agencies, evaluate and re-
(c) This order shall be implemented consistent with
port to the President on the implementation of the
Executive Order 13175 of November 6, 2000 (Consultation
Federal Plan and Agency Plans, and publish the report
and Coordination with Indian Tribal Governments) and
on the Dashboard.
my memorandum of November 5, 2009 (Tribal Consulta-
(f) No Involvement in Particular Permits or Projects. Nei-
tion).
ther the Steering Committee, nor the CPO, may direct
(d) This order is not intended to, and does not, create
or coordinate agency decisions with respect to any par-
any right or benefit, substantive or procedural, enforce-
ticular permit or project.
able at law or in equity by any party against the
SEC. 3. Plans for Measurable Performance Improvement.
United States, its departments, agencies, or entities,
(a) By May 31, 2012, the Steering Committee shall, fol-
its officers, employees, or agents, or any other person.
lowing coordination with Member Agencies and other
interested agencies, develop and publish on the Dash- BARACK OBAMA.
board a Federal Plan to significantly reduce the aggre- EX. ORD. NO. 13609. PROMOTING INTERNATIONAL
gate time required to make Federal permitting and re- REGULATORY COOPERATION
view decisions on infrastructure projects while improv-
ing outcomes for communities and the environment. Ex. Ord. No. 13609, May 1, 2012, 77 F.R. 26413, provided:
The Federal Plan shall include, but not be limited to, By the authority vested in me as President by the
the following actions to implement the policies out- Constitution and the laws of the United States of
lined in section 1 of this order, and shall reflect the America, and in order to promote international regu-
agreement of any Member Agency with respect to re- latory cooperation, it is hereby ordered as follows:
quirements in the Federal Plan affecting such agency: SECTION 1. Policy. Executive Order 13563 of January 18,
(i) institutionalizing best practices for: enhancing 2011 (Improving Regulation and Regulatory Review),
Federal, State, local, and tribal government coordina- states that our regulatory system must protect public
tion on permitting and review processes (such as con- health, welfare, safety, and our environment while pro-
ducting reviews concurrently rather than sequentially moting economic growth, innovation, competitiveness,
to the extent practicable); avoiding duplicative re- and job creation. In an increasingly global economy,
views; and engaging with stakeholders early in the per- international regulatory cooperation, consistent with
mitting process; domestic law and prerogatives and U.S. trade policy,
(ii) developing mechanisms to better communicate can be an important means of promoting the goals of
priorities and resolve disputes among agencies at the Executive Order 13563.
national and regional levels; The regulatory approaches taken by foreign govern-
(iii) institutionalizing use of the Dashboard, working ments may differ from those taken by U.S. regulatory
with the CIO to enhance the Dashboard, and utilizing agencies to address similar issues. In some cases, the
other cost-effective information technology systems to differences between the regulatory approaches of U.S.
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 194
agencies and those of their foreign counterparts might activities advance the purposes of Executive Order
not be necessary and might impair the ability of Amer- 13563 and this order;
ican businesses to export and compete internationally. (b) ensure that significant regulations that the agen-
In meeting shared challenges involving health, safety, cy identifies as having significant international im-
labor, security, environmental, and other issues, inter- pacts are designated as such in the Unified Agenda of
national regulatory cooperation can identify ap- Federal Regulatory and Deregulatory Actions, on
proaches that are at least as protective as those that RegInfo.gov, and on Regulations.gov;
are or would be adopted in the absence of such coopera- (c) in selecting which regulations to include in its
tion. International regulatory cooperation can also re- retrospective review plan, as required by Executive
duce, eliminate, or prevent unnecessary differences in Order 13563, consider:
regulatory requirements. (i) reforms to existing significant regulations that
SEC. 2. Coordination of International Regulatory Co- address unnecessary differences in regulatory require-
operation. (a) The Regulatory Working Group (Working ments between the United States and its major trading
Group) established by Executive Order 12866 of Sep- partners, consistent with section 1 of this order, when
tember 30, 1993 (Regulatory Planning and Review), stakeholders provide adequate information to the agen-
which was reaffirmed by Executive Order 13563, shall, cy establishing that the differences are unnecessary;
as appropriate: and
(i) serve as a forum to discuss, coordinate, and de- (ii) such reforms in other circumstances as the agen-
velop a common understanding among agencies of U.S. cy deems appropriate; and
Government positions and priorities with respect to: (d) for significant regulations that the agency identi-
(A) international regulatory cooperation activities fies as having significant international impacts, con-
that are reasonably anticipated to lead to significant sider, to the extent feasible, appropriate, and con-
regulatory actions; sistent with law, any regulatory approaches by a for-
(B) efforts across the Federal Government to sup- eign government that the United States has agreed to
port significant, cross-cutting international regu- consider under a regulatory cooperation council work
latory cooperation activities, such as the work of reg- plan.
ulatory cooperation councils; and SEC. 4. Definitions. For purposes of this order:
(C) the promotion of good regulatory practices (a) ‘‘Agency’’ means any authority of the United
internationally, as well as the promotion of U.S. reg- States that is an ‘‘agency’’ under 44 U.S.C. 3502(1),
ulatory approaches, as appropriate; and other than those considered to be independent regu-
(ii) examine, among other things: latory agencies, as defined in 44 U.S.C. 3502(5).
(A) appropriate strategies for engaging in the devel- (b) ‘‘International impact’’ is a direct effect that a
opment of regulatory approaches through inter- proposed or final regulation is expected to have on
national regulatory cooperation, particularly in international trade and investment, or that otherwise
emerging technology areas, when consistent with sec- may be of significant interest to the trading partners of
tion 1 of this order; the United States.
(c) ‘‘International regulatory cooperation’’ refers to a
(B) best practices for international regulatory co-
bilateral, regional, or multilateral process, other than
operation with respect to regulatory development,
processes that are covered by section 6(a)(ii), (iii), and
and, where appropriate, information exchange and
(v) of this order, in which national governments engage
other regulatory tools; and
(C) factors that agencies should take into account in various forms of collaboration and communication
when determining whether and how to consider other with respect to regulations, in particular a process that
regulatory approaches under section 3(d) of this is reasonably anticipated to lead to the development of
order. significant regulations.
(d) ‘‘Regulation’’ shall have the same meaning as
(b) As Chair of the Working Group, the Administrator
‘‘regulation’’ or ‘‘rule’’ in section 3(d) of Executive
of the Office of Information and Regulatory Affairs
Order 12866.
(OIRA) of the Office of Management and Budget (OMB) (e) ‘‘Significant regulation’’ is a proposed or final
shall convene the Working Group as necessary to dis- regulation that constitutes a significant regulatory ac-
cuss international regulatory cooperation issues as de- tion.
scribed above, and the Working Group shall include a (f) ‘‘Significant regulatory action’’ shall have the
representative from the Office of the United States same meaning as in section 3(f) of Executive Order
Trade Representative and, as appropriate, representa- 12866.
tives from other agencies and offices. SEC. 5. Independent Agencies. Independent regulatory
(c) The activities of the Working Group, consistent agencies are encouraged to comply with the provisions
with law, shall not duplicate the efforts of existing of this order.
interagency bodies and coordination mechanisms. The SEC. 6. General Provisions. (a) Nothing in this order
Working Group shall consult with existing interagency shall be construed to impair or otherwise affect:
bodies when appropriate. (i) the authority granted by law to a department or
(d) To inform its discussions, and pursuant to section agency, or the head thereof;
4 of Executive Order 12866, the Working Group may (ii) the coordination and development of inter-
commission analytical reports and studies by OIRA, national trade policy and negotiations pursuant to sec-
the Administrative Conference of the United States, or tion 411 of the Trade Agreements Act of 1979 (19 U.S.C.
any other relevant agency, and the Administrator of 2451 [2541]) and section 141 of the Trade Act of 1974 (19
OIRA may solicit input, from time to time, from rep- U.S.C. 2171);
resentatives of business, nongovernmental organiza- (iii) international trade activities undertaken pursu-
tions, and the public. ant to section 3 of the Act of February 14, 1903 (15
(e) The Working Group shall develop and issue guide- U.S.C. 1512), subtitle C of the Export Enhancement Act
lines on the applicability and implementation of sec- of 1988, as amended (15 U.S.C. 4721 et seq.), and Reorga-
tions 2 through 4 of this order. nization Plan No. 3 of 1979 (19 U.S.C. 2171 note);
(f) For purposes of this order, the Working Group (iv) the authorization process for the negotiation and
shall operate by consensus. conclusion of international agreements pursuant to 1
SEC. 3. Responsibilities of Federal Agencies. To the ex- U.S.C. 112b(c) [see now 1 U.S.C. 112b(g)] and its imple-
tent permitted by law, and consistent with the prin- menting regulations (22 C.F.R. 181.4) and implementing
ciples and requirements of Executive Order 13563 and procedures (11 FAM 720);
Executive Order 12866, each agency shall: (v) activities in connection with subchapter II of
(a) if required to submit a Regulatory Plan pursuant chapter 53 of title 31 of the United States Code, title 26
to Executive Order 12866, include in that plan a sum- of the United States Code, or Public Law 111–203 and
mary of its international regulatory cooperation ac- other laws relating to financial regulation; or (vi) [sic]
tivities that are reasonably anticipated to lead to sig- the functions of the Director of OMB relating to budg-
nificant regulations, with an explanation of how these etary, administrative, or legislative proposals.
Page 195 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
(b) This order shall be implemented consistent with SEC. 3. Setting Priorities. In implementing and improv-
applicable law and subject to the availability of appro- ing their retrospective review plans, and in considering
priations. retrospective review suggestions from the public, agen-
(c) This order is not intended to, and does not, create cies shall give priority, consistent with law, to those
any right or benefit, substantive or procedural, enforce- initiatives that will produce significant quantifiable
able at law or in equity by any party against the monetary savings or significant quantifiable reductions
United States, its departments, agencies, or entities, in paperwork burdens while protecting public health,
its officers, employees, or agents, or any other person. welfare, safety, and our environment. To the extent
BARACK OBAMA. practicable and permitted by law, agencies shall also
give special consideration to initiatives that would re-
EX. ORD. NO. 13610. IDENTIFYING AND REDUCING duce unjustified regulatory burdens or simplify or har-
REGULATORY BURDENS monize regulatory requirements imposed on small busi-
Ex. Ord. No. 13610, May 10, 2012, 77 F.R. 28469, pro- nesses. Consistent with Executive Order 13563 and Exec-
vided: utive Order 12866 of September 30, 1993 (Regulatory
By the authority vested in me as President by the Planning and Review), agencies shall give consider-
Constitution and the laws of the United States of ation to the cumulative effects of their own regula-
America, and in order to modernize our regulatory sys- tions, including cumulative burdens, and shall to the
tem and to reduce unjustified regulatory burdens and extent practicable and consistent with law give pri-
costs, it is hereby ordered as follows: ority to reforms that would make significant progress
SECTION 1. Policy. Regulations play an indispensable in reducing those burdens while protecting public
role in protecting public health, welfare, safety, and health, welfare, safety, and our environment.
our environment, but they can also impose significant SEC. 4. Accountability. Agencies shall regularly report
burdens and costs. During challenging economic times, on the status of their retrospective review efforts to
we should be especially careful not to impose unjusti- OIRA. Agency reports should describe progress, antici-
fied regulatory requirements. For this reason, it is par- pated accomplishments, and proposed timelines for rel-
ticularly important for agencies to conduct retrospec- evant actions, with an emphasis on the priorities de-
tive analyses of existing rules to examine whether they scribed in section 3 of this order. Agencies shall submit
remain justified and whether they should be modified draft reports to OIRA on September 10, 2012, and on the
or streamlined in light of changed circumstances, in- second Monday of January and July for each year
cluding the rise of new technologies. thereafter, unless directed otherwise through subse-
Executive Order 13563 of January 18, 2011 (Improving quent guidance from OIRA. Agencies shall make final
Regulation and Regulatory Review), states that our reports available to the public within a reasonable pe-
regulatory system ‘‘must measure, and seek to im- riod (not to exceed three weeks from the date of sub-
prove, the actual results of regulatory requirements.’’ mission of draft reports to OIRA).
To promote this goal, that Executive Order requires SEC. 5. General Provisions. (a) For purposes of this
agencies not merely to conduct a single exercise, but to order, ‘‘agency’’ means any authority of the United
engage in ‘‘periodic review of existing significant regu- States that is an ‘‘agency’’ under 44 U.S.C. 3502(1),
lations.’’ Pursuant to section 6(b) of that Executive other than those considered to be independent regu-
Order, agencies are required to develop retrospective latory agencies, as defined in 44 U.S.C. 3502(5).
review plans to review existing significant regulations (b) Nothing in this order shall be construed to impair
in order to ‘‘determine whether any such regulations or otherwise affect:
should be modified, streamlined, expanded, or re- (i) the authority granted by law to a department or
pealed.’’ The purpose of this requirement is to ‘‘make agency, or the head thereof; or
the agency’s regulatory program more effective or less (ii) the functions of the Director of the Office of Man-
burdensome in achieving the regulatory objectives.’’ agement and Budget relating to budgetary, administra-
In response to Executive Order 13563, agencies have tive, or legislative proposals.
developed and made available for public comment ret- (c) This order shall be implemented consistent with
rospective review plans that identify over five hundred applicable law and subject to the availability of appro-
initiatives. A small fraction of those initiatives, al- priations.
ready finalized or formally proposed to the public, are (d) This order is not intended to, and does not, create
anticipated to eliminate billions of dollars in regu- any right or benefit, substantive or procedural, enforce-
latory costs and tens of millions of hours in annual pa- able at law or in equity by any party against the
perwork burdens. Significantly larger savings are an- United States, its departments, agencies, or entities,
ticipated as the plans are implemented and as action is its officers, employees, or agents, or any other person.
taken on additional initiatives. BARACK OBAMA.
As a matter of longstanding practice and to satisfy
EX. ORD. NO. 13707. USING BEHAVIORAL SCIENCE INSIGHTS
statutory obligations, many agencies engaged in peri-
TO BETTER SERVE THE AMERICAN PEOPLE
odic review of existing regulations prior to the issuance
of Executive Order 13563. But further steps should be Ex. Ord. No. 13707, Sept. 15, 2015, 80 F.R. 56365, pro-
taken, consistent with law, agency resources, and regu- vided:
latory priorities, to promote public participation in A growing body of evidence demonstrates that behav-
retrospective review, to modernize our regulatory sys- ioral science insights—research findings from fields
tem, and to institutionalize regular assessment of sig- such as behavioral economics and psychology about
nificant regulations. how people make decisions and act on them—can be
SEC. 2. Public Participation in Retrospective Review. used to design government policies to better serve the
Members of the public, including those directly and in- American people.
directly affected by regulations, as well as State, local, Where Federal policies have been designed to reflect
and tribal governments, have important information behavioral science insights, they have substantially
about the actual effects of existing regulations. For improved outcomes for the individuals, families, com-
this reason, and consistent with Executive Order 13563, munities, and businesses those policies serve. For ex-
agencies shall invite, on a regular basis (to be deter- ample, automatic enrollment and automatic escalation
mined by the agency head in consultation with the Of- in retirement savings plans have made it easier to save
fice of Information and Regulatory Affairs (OIRA)), for the future, and have helped Americans accumulate
public suggestions about regulations in need of retro- billions of dollars in additional retirement savings.
spective review and about appropriate modifications to Similarly, streamlining the application process for
such regulations. To promote an open exchange of in- Federal financial aid has made college more financially
formation, retrospective analyses of regulations, in- accessible for millions of students.
cluding supporting data, shall be released to the public To more fully realize the benefits of behavioral in-
online wherever practicable. sights and deliver better results at a lower cost for the
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 196
American people, the Federal Government should de- (b) The NSTC shall release a yearly report summa-
sign its policies and programs to reflect our best under- rizing agency implementation of section 1 of this order
standing of how people engage with, participate in, use, each year until 2019. Member agencies of the SBST are
and respond to those policies and programs. By improv- expected to contribute to this report.
ing the effectiveness and efficiency of Government, be- (c) To help execute the policy directive set forth in
havioral science insights can support a range of na- section 1 of this order, the Chair of the SBST shall,
tional priorities, including helping workers to find bet- within 45 days of the date of this order and thereafter
ter jobs; enabling Americans to lead longer, healthier as necessary, issue guidance to assist agencies in im-
lives; improving access to educational opportunities plementing this order.
and support for success in school; and accelerating the SEC. 3. General Provisions. (a) Nothing in this order
transition to a low-carbon economy. shall be construed to impair or otherwise affect:
NOW, THEREFORE, by the authority vested in me as (i) the authority granted by law to a department or
President by the Constitution and the laws of the agency, or the head thereof; or
United States, I hereby direct the following: (ii) the functions of the Director of the Office of Man-
SECTION 1. Behavioral Science Insights Policy Directive. agement and Budget relating to budgetary, administra-
(a) Executive departments and agencies (agencies) tive, or legislative proposals.
are encouraged to: (b) This order shall be implemented consistent with
(i) identify policies, programs, and operations where applicable law and subject to the availability of appro-
applying behavioral science insights may yield sub- priations.
stantial improvements in public welfare, program out- (c) Independent agencies are strongly encouraged to
comes, and program cost effectiveness; comply with the requirements of this order.
(ii) develop strategies for applying behavioral science (d) This order is not intended to, and does not, create
insights to programs and, where possible, rigorously any right or benefit, substantive or procedural, enforce-
test and evaluate the impact of these insights; able at law or in equity by any party against the
(iii) recruit behavioral science experts to join the United States, its departments, agencies, or entities,
Federal Government as necessary to achieve the goals its officers, employees, or agents, or any other person.
of this directive; and
(iv) strengthen agency relationships with the re- BARACK OBAMA.
search community to better use empirical findings EX. ORD. NO. 13725. STEPS TO INCREASE COMPETITION
from the behavioral sciences. AND BETTER INFORM CONSUMERS AND WORKERS TO
(b) In implementing the policy directives in section SUPPORT CONTINUED GROWTH OF THE AMERICAN ECON-
(a), agencies shall: OMY
(i) identify opportunities to help qualifying individ-
uals, families, communities, and businesses access pub- Ex. Ord. No. 13725, Apr. 15, 2016, 81 F.R. 23417, pro-
lic programs and benefits by, as appropriate, stream- vided:
lining processes that may otherwise limit or delay par- By the authority vested in me as President by the
ticipation—for example, removing administrative hur- Constitution and the laws of the United States of
dles, shortening wait times, and simplifying forms; America, and in order to protect American consumers
(ii) improve how information is presented to con- and workers and encourage competition in the U.S.
sumers, borrowers, program beneficiaries, and other in- economy, it is hereby ordered as follows:
dividuals, whether as directly conveyed by the agency, SECTION 1. Policy. Maintaining, encouraging, and sup-
or in setting standards for the presentation of informa- porting a fair, efficient, and competitive marketplace
tion, by considering how the content, format, timing, is a cornerstone of the American economy. Consumers
and medium by which information is conveyed affects and workers need both competitive markets and infor-
comprehension and action by individuals, as appro- mation to make informed choices.
priate; Certain business practices such as unlawful collusion,
(iii) identify programs that offer choices and care- illegal bid rigging, price fixing, and wage setting, as
fully consider how the presentation and structure of well as anticompetitive exclusionary conduct and
those choices, including the order, number, and ar- mergers stifle competition and erode the foundation of
rangement of options, can most effectively promote America’s economic vitality. The immediate results of
public welfare, as appropriate, giving particular consid- such conduct—higher prices and poorer service for cus-
eration to the selection and setting of default options; tomers, less innovation, fewer new businesses being
and launched, and reduced opportunities for workers—can
(iv) review elements of their policies and programs impact Americans in every walk of life.
that are designed to encourage or make it easier for Competitive markets also help advance national pri-
Americans to take specific actions, such as saving for orities, such as the delivery of affordable health care,
retirement or completing education programs. In doing energy independence, and improved access to fast and
so, agencies shall consider how the timing, frequency, affordable broadband. Competitive markets also pro-
presentation, and labeling of benefits, taxes, subsidies, mote economic growth, which creates opportunity for
and other incentives can more effectively and effi- American workers and encourages entrepreneurs to
ciently promote those actions, as appropriate. Par- start innovative companies that create jobs.
ticular attention should be paid to opportunities to use The Department of Justice (DOJ) and the Federal
nonfinancial incentives. Trade Commission (FTC) have a proven record of de-
(c) For policies with a regulatory component, agen- tecting and stopping anticompetitive conduct and chal-
cies are encouraged to combine this behavioral science lenging mergers and acquisitions that threaten to con-
insights policy directive with their ongoing review of solidate markets and reduce competition.
existing significant regulations to identify and reduce Promoting competitive markets and ensuring that
regulatory burdens, as appropriate and consistent with consumers and workers have access to the information
Executive Order 13563 of January 18, 2011 (Improving needed to make informed choices must be a shared pri-
Regulation and Regulatory Review), and Executive ority across the Federal Government. Executive de-
Order 13610 of May 10, 2012 (Identifying and Reducing partments and agencies can contribute to these goals
Regulatory Burdens). through, among other things, pro-competitive rule-
SEC. 2. Implementation of the Behavioral Science In- making and regulations, and by eliminating regula-
sights Policy Directive. (a) The Social and Behavioral tions that create barriers to or limit competition. Such
Sciences Team (SBST), under the National Science and Government-wide action is essential to ensuring that
Technology Council (NSTC) and chaired by the Assist- consumers, workers, startups, small businesses, and
ant to the President for Science and Technology, shall farms reap the full benefits of competitive markets.
provide agencies with advice and policy guidance to SEC. 2. Agency Responsibilities. (a) Executive depart-
help them execute the policy objectives outlined in sec- ments and agencies with authorities that could be used
tion 1 of this order, as appropriate. to enhance competition (agencies) shall, where con-
Page 197 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
sistent with other laws, use those authorities to pro- SECTION 1. Policy. Place is a strong determinant of op-
mote competition, arm consumers and workers with portunity and well-being. Research shows that the
the information they need to make informed choices, neighborhood in which a child grows up impacts his or
and eliminate regulations that restrict competition her odds of going to college, enjoying good health, and
without corresponding benefits to the American public. obtaining a lifetime of economic opportunities. Even
(b) Agencies shall identify specific actions that they after 73 consecutive months of total job growth since
can take in their areas of responsibility to build upon 2009, communities of persistent poverty remain and for
efforts to detect abuses such as price fixing, anti- far too many, the odds are stacked against opportunity
competitive behavior in labor and other input markets, and achieving the American dream. In addition, be-
exclusionary conduct, and blocking access to critical tween now and 2050, growing our economy, expected
resources that are needed for competitive entry. Behav- population growth, climate change, and demographic
iors that appear to violate our antitrust laws should be shifts will require major new investments in physical,
referred to antitrust enforcers at DOJ and the FTC. social, and technological infrastructure.
Such a referral shall not preclude further action by the Specific challenges in communities—including crime,
referring agency against that behavior under that access to care, opportunities to pursue quality edu-
agency’s relevant statutory authority. cation, lack of housing options, unemployment, and de-
(c) Agencies shall also identify specific actions that teriorating infrastructure—can be met by leveraging
they can take in their areas of responsibility to address Federal assistance and resources. While the Federal
undue burdens on competition. As permitted by law, Government provides rural, suburban, urban, and tribal
agencies shall consult with other interested parties to communities with significant investments in aid annu-
identify ways that the agency can promote competition ally, coordinating these investments, as appropriate,
through pro-competitive rulemaking and regulations, across agencies based on locally led visions can more
by providing consumers and workers with information effectively reach communities of greatest need to
they need to make informed choices, and by elimi- maximize impact. In recent years, the Federal Govern-
nating regulations that restrict competition without
ment has deepened its engagement with communities,
corresponding benefits to the American public.
recognizing the critical role of these partnerships in
(d) Not later than 30 days from the date of this order,
agencies shall submit to the Director of the National enabling Americans to live healthier and more pros-
Economic Council an initial list of (1) actions each perous lives. Since 2015, the Community Solutions Task
agency can potentially take to promote more competi- Force, comprising executive departments, offices, and
tive markets; (2) any specific practices, such as block- agencies (agencies) across the Federal Government, has
ing access to critical resources, that potentially re- served as the primary interagency coordinator of agen-
strict meaningful consumer or worker choice or unduly cy work to engage with communities to deliver im-
stifle new market entrants, along with any actions the proved outcomes. This order builds on recent work to
agency can potentially take to address those practices; facilitate inter-agency and community-level collabora-
and (3) any relevant authorities and tools potentially tion to meet the unique needs of communities in a way
available to enhance competition or make information that reflects these communities’ local assets, econo-
more widely available for consumers and workers. mies, geography, size, history, strengths, talent net-
(e) Not later than 60 days from the date of this order, works, and visions for the future.
agencies shall report to the President, through the Di- SEC. 2. Principles. Our effort to modernize the Federal
rector of the National Economic Council, recommenda- Government’s work with communities is rooted in the
tions on agency-specific actions that eliminate barriers following principles:
to competition, promote greater competition, and im- (a) A community-driven, locally led vision and long-
prove consumer access to information needed to make term plan for clear outcomes should guide individual
informed purchasing decisions. Such recommendations projects.
shall include a list of priority actions, including (b) The Federal Government should coordinate its ef-
rulemakings, as well as timelines for completing those forts at the Federal, regional, State, local, tribal, and
actions. community level, and with cross-sector partners, to
(f) Subsequently, agencies shall report semi-annually offer a more seamless process for communities to ac-
to the President, through the Director of the National cess needed support and ensure equitable investments.
Economic Council, on additional actions that they plan (c) The Federal Government should help communities
to undertake to promote greater competition. identify, develop, and share local solutions, rely on
(g) Sections 2(d), 2(e), and 2(f) of this order do not re- data to determine what does and does not work, and
quire reporting of information related to law enforce- harness technology and modern collaboration and en-
ment policy and activities. gagement methods to help share these solutions and
SEC. 3. General Provisions. (a) This order shall be im- help communities meet their local goals.
plemented consistent with applicable law and subject SEC. 3. Community Solutions Council.
to the availability of appropriations. (a) Establishment. There is hereby established a Coun-
(b) Independent agencies are strongly encouraged to cil for Community Solutions (Council), led by two Co-
comply with the requirements of this order. Chairs. One Co-Chair will be an Assistant to the Presi-
(c) Nothing in this order shall be construed to impair dent or the Director of the Office of Management and
or otherwise affect: Budget, as designated by the President. The second Co-
(i) the authority granted by law to a department or Chair will be rotated every 4 years and designated by
agency, or the head thereof; or the President from among the heads of the Depart-
(ii) the functions of the Director of the Office of Man- ments of Justice, Agriculture, Commerce, Labor,
agement and Budget relating to budgetary, administra- Health and Human Services, Housing and Urban Devel-
tive, or legislative proposals. opment, Transportation, and Education, and the Envi-
(d) This order is not intended to, and does not, create ronmental Protection Agency (Agency Co-Chair).
any right or benefit, substantive or procedural, enforce- (b) Membership. The Council shall consist of the fol-
able at law or in equity by any party against the lowing members:
United States, its departments, agencies, or entities, (i) the Secretary of State;
its officers, employees, or agents, or any other person. (ii) the Secretary of the Treasury;
BARACK OBAMA. (iii) the Secretary of Defense;
(iv) the Attorney General;
EX. ORD. NO. 13748. ESTABLISHING A COMMUNITY
(v) the Secretary of the Interior;
SOLUTIONS COUNCIL (vi) the Secretary of Agriculture;
Ex. Ord. No. 13748, Nov. 16, 2016, 81 F.R. 83619, pro- (vii) the Secretary of Commerce;
vided: (viii) the Secretary of Labor;
By the authority vested in me as President by the (ix) the Secretary of Health and Human Services;
Constitution and the laws of the United States of (x) the Secretary of Housing and Urban Development;
America, it is hereby ordered as follows: (xi) the Secretary of Transportation;
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 198
(xii) the Secretary of Energy; (iii) Invest in recruiting, training, and retaining tal-
(xiii) the Secretary of Education; ent to further the effective delivery of services to indi-
(xiv) the Secretary of Veterans Affairs; viduals and communities and empower them with best-
(xv) the Secretary of Homeland Security; practice community engagement options, open govern-
(xvi) the Administrator of the Environmental Protec- ment transparency methods, equitable policy ap-
tion Agency; proaches, technical assistance and capacity building
(xvii) the Administrator of General Services; tools, and data-driven practice.
(xviii) the Administrator of the Small Business Ad- (b) Consistent with the principles set forth in this
ministration; order and in accordance with applicable law, including
(xix) the Chief Executive Officer of the Corporation
the Federal Advisory Committee Act, the Council
for National and Community Service;
should conduct outreach to representatives of nonprofit
(xx) the Chairperson of the National Endowment for
organizations, civil rights organizations, businesses,
the Arts;
(xxi) the Director of the Institute for Museum and Li- labor and professional organizations, start-up and en-
brary Services; trepreneurial communities, State, local, and tribal gov-
(xxii) the Federal Co-Chair of the Delta Regional Au- ernment agencies, school districts, youth, elected offi-
thority; cials, seniors, faith and other community-based organi-
(xxiii) the Federal Co-Chair of the Appalachian Re- zations, philanthropies, technologists, other institu-
gional Commission; tions of local importance, and other interested or af-
(xxiv) the Director of the Office of Personnel Manage- fected persons with relevant expertise in the expansion
ment; and improvement of efforts to build local capacity, en-
(xxv) the Director of the Office of Management and sure equity, and address economic, social, environ-
Budget; mental, and other issues in communities or regions.
(xxvi) the Chair of the Council of Economic Advisers; SEC. 5. Executive Orders 13560 and 13602, and Building
(xxvii) the Assistant to the President for Intergovern- Upon Other Efforts. This order supersedes Executive
mental Affairs and Public Engagement; Order 13560 of December 14, 2010 (White House Council
(xxviii) the Assistant to the President and Cabinet for Community Solutions), and Executive Order 13602 of
Secretary; March 15, 2012 (Establishing a White House Council on
(xxix) the Assistant to the President for Economic Strong Cities, Strong Communities), which are hereby
Policy and Director of the National Economic Council; revoked.
(xxx) the Chair of the Council on Environmental This Council builds on existing efforts involving Fed-
Quality; eral working groups, task forces, memoranda of agree-
(xxxi) the Director of the Office of Science and Tech- ment, and initiatives, including the Community Solu-
nology Policy; tions Task Force, the Federal Working Groups dedi-
(xxxii) the Assistant to the President and Chief Tech- cated to supporting the needs and priorities of local
nology Officer; leadership in Detroit, Baltimore, and Pine Ridge; the
(xxxiii) the Administrator of the United States Dig- Interagency Working Group on Environmental Justice;
ital Service; and the Partnership for Sustainable Communities; Local
(xxxiv) other officials, as the Co-Chairs may des- Foods, Local Places; Performance Partnership Pilots
ignate or invite to participate. for Disconnected Youth; Empowerment Zones;
(c) Administration. StrikeForce; Partnerships for Opportunity and Work-
(i) The President will designate one of the Co-Chairs force and Economic Revitalization; the Neighborhood
to appoint or designate, as appropriate, an Executive Revitalization Initiative; Climate Action Champions;
Director, who shall coordinate the Council’s activities. Better Communities Alliance; Investing in Manufac-
The department, agency, or component within the Ex- turing Communities Partnership; Promise Zones; and
ecutive Office of the President in which the Executive the 2016 Memorandum of Agreement on Interagency
Director is appointed or designated, as appropriate, Technical Assistance. The Council shall also coordinate
(funding entity) shall provide funding and administra- with existing Chief Officer Councils across the govern-
tive support for the Council to the extent permitted by ment with oversight responsibility for human capital,
law and within existing appropriations as may be nec- performance improvement, and financial assistance.
essary for the performance of its functions. SEC. 6. General Provisions. (a) Nothing in this order
(ii) To the extent permitted by law, including the shall be construed to impair or otherwise affect:
Economy Act, and within existing appropriations, par- (i) the authority granted by law to an executive de-
ticipating agencies may detail staff to the funding enti- partment, agency, or the head thereof, or the status of
ty to support the Council’s coordination and implemen- that department or agency within the Federal Govern-
tation efforts. ment; or
(iii) The Co-Chairs shall convene regular meetings of (ii) the functions of the Director of the Office of Man-
the Council, determine its agenda, and direct its work. agement and Budget relating to budgetary, administra-
At the direction of the Co-Chairs, the Council may es- tive, or legislative proposals.
tablish subgroups consisting exclusively of Council (b) This order shall be implemented consistent with
members or their designees, as appropriate. applicable law and subject to the availability of appro-
(iv) A member of the Council may designate a senior-
priations.
level official who is part of the member’s department,
(c) This order is not intended to, and does not, create
agency, or office to perform the Council functions of
any right or benefit, substantive or procedural, enforce-
the member.
able at law or in equity by any party against the
SEC. 4. Mission and Priorities of the Council. (a) The
United States, its departments, agencies, or entities,
Council shall foster collaboration across agencies, pol-
its officers, employees, or agents, or any other person.
icy councils, and offices to coordinate actions, identify
working solutions to share broadly, and develop and BARACK OBAMA.
implement policy recommendations that put the com- EXECUTIVE ORDER NO. 13771
munity-driven, locally led vision at the center of pol-
icymaking. The Council shall: Ex. Ord. No. 13771, Jan. 30, 2017, 82 F.R. 9339, which re-
(i) Work across agencies to coordinate investments in quired an executive department or agency that publicly
initiatives and practices that align the work of the proposes for notice and comment or otherwise promul-
Federal Government to have the greatest impact on the gates a new regulation to identify at least two existing
lives of individuals and communities. regulations to be repealed for fiscal year 2017, and for
(ii) Use evidence-based practices in policymaking, in- subsequent fiscal years required annual regulatory cost
cluding identifying existing solutions, scaling up prac- submissions to the Office of Management and Budget,
tices that are working, and designing solutions with was revoked by Ex. Ord. No. 13992, § 2, Jan. 20, 2021, 86
regular input of the individuals and communities to be F.R. 7049, set out in a note under section 551 of this
served. title.
Page 199 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
EXECUTIVE ORDER NO. 13777 Federal regulations, and eliminate unnecessary regula-
tions that drive up consumer costs.
Ex. Ord. No. 13777, Feb. 24, 2017, 82 F.R. 12285, which Occupational regulations can protect practitioners
established Regulatory Reform Task Forces to identify from competition rather than protect the public from
certain regulations to repeal, replace, or modify, was malpractice. Unfortunately, the number of occupa-
revoked by Ex. Ord. No. 13992, § 2, Jan. 20, 2021, 86 F.R. tional regulations has substantially increased over the
7049, set out in a note under section 551 of this title. last few decades. Since the 1950s, the percentage of jobs
EXECUTIVE ORDER NO. 13828 requiring a government-mandated occupational license
has increased from less than 5 percent to between 25
Ex. Ord. No. 13828, Apr. 10, 2018, 83 F.R. 15941, which and 30 percent. By requiring workers to acquire new li-
required certain agencies to review their regulations censes when they move to a new jurisdiction, occupa-
and guidance documents relating to public assistance tional regulations reduce worker mobility, dispropor-
programs, was revoked by Ex. Ord. No. 14018, § 1, Feb. tionately harm low-income Americans, and are particu-
24, 2021, 86 F.R. 11855. larly burdensome to military spouses who must relo-
cate to support the service members committed to
EXECUTIVE ORDER NO. 13891
keeping our country safe. Additionally, blanket prohi-
Ex. Ord. No. 13891, Oct. 9, 2019, 84 F.R. 55235, which re- bitions that prevent individuals with criminal records
lated to agency non-binding guidance documents, was from obtaining occupational licenses may exacerbate
revoked by Ex. Ord. No. 13992, § 2, Jan. 20, 2021, 86 F.R. disparities in employment opportunity and increase
7049, set out in a note under section 551 of this title. the likelihood of recidivism, particularly as regulatory
barriers to enter lower- and middle-income occupations
EXECUTIVE ORDER NO. 13893 are associated with higher recidivism rates. Licensing
Ex. Ord. No. 13893, Oct. 10, 2019, 84 F.R. 55487, which requirements unnecessary to protect consumers from
related to reducing mandatory spending incurred by significant and demonstrable harm also frequently im-
discretionary administrative actions, was revoked by pose expensive educational requirements on potential
Ex. Ord. No. 13992, § 2, Jan. 20, 2021, 86 F.R. 7049, set out job seekers, even for occupations with limited future
in a note under section 551 of this title. earnings potential. According to recent research, li-
censing requirements have cost our country an esti-
EXECUTIVE ORDER NO. 13924 mated 2.85 million jobs and over $200 billion annually in
increased consumer costs.
Ex. Ord. No. 13924, May 19, 2020, 85 F.R. 31353, which Therefore, it is the policy of the United States Gov-
related to regulatory relief to support recovery from ernment to support occupational regulation reform
the economic consequences of COVID–19, was revoked throughout the Nation, building on occupational li-
by Ex. Ord. No. 14018, § 1, Feb. 24, 2021, 86 F.R. 11855. censing reforms enacted most recently in Arizona,
EXECUTIVE ORDER NO. 13927 Florida, Iowa, Missouri, and South Dakota, guided by
six principles:
Ex. Ord. No. 13927, June 4, 2020, 85 F.R. 35165, which Principle 1. All recognized occupational licensure
related to accelerating the nation’s economic recovery boards should be subject to active supervision of [sic] a
from the COVID–19 emergency by expediting infrastruc- designated governmental agency or office.
ture investments and other activities, was revoked by Principle 2. All occupational licensure boards recog-
Ex. Ord. No. 13990, § 7(a), Jan. 20, 2021, 86 F.R. 7041, set nized by a State, territorial, or tribal government that
out in a note under section 4321 of Title 42, The Public oversee personal qualifications related to the practice
Health and Welfare. of an occupation should adopt and maintain the cri-
teria and methods of occupational regulation that are
EX. ORD. NO. 13966. INCREASING ECONOMIC AND least restrictive to competition sufficient to protect
GEOGRAPHIC MOBILITY consumers from significant and demonstrable harm to
Ex. Ord. No. 13966, Dec. 14, 2020, 85 F.R. 81777, pro- their health and safety. The policies and procedures of
vided: such boards should be designed to protect consumer
By the authority vested in me as President by the and worker safety and to encourage competition.
Constitution and the laws of the United States of Principle 3. State, territorial, and tribal governments
America, including section 305 of title 5, United States should review existing occupational regulations, in-
Code, and section 301 of title 3, United States Code, it cluding associated scope-of-practice provisions, to en-
is hereby ordered as follows: sure that their requirements are the least restrictive to
SECTION 1. Policy and Principles. As expressed in Exec- competition sufficient to protect consumers from sig-
utive Order 13777 of February 24, 2017 (Enforcing the nificant and demonstrable harm. State, territorial, and
Regulatory Reform Agenda) [formerly set out above], it tribal governments should also regularly review and
is the policy of the United States to alleviate unneces- analyze all occupational regulations, including associ-
sary regulatory burdens placed on the American people. ated personal qualifications required to obtain an occu-
Overly burdensome occupational licensing require- pational license, to ensure the adoption of the least re-
ments can impede job creation and slow economic strictive requirements necessary to protect consumers
growth, which undermines our Nation’s prosperity and from significant and demonstrable harm.
Principle 4. Individuals with criminal records should
the economic well-being of the American people. Such
be encouraged to submit to the appropriate licensure
regulations can prevent American workers and job
board a preliminary application for an occupational li-
seekers from earning a living, maximizing their per-
cense for a determination as to whether the criminal
sonal and economic potential, and achieving the Amer-
record would preclude their attainment of the appro-
ican Dream. The purpose of this order is to reduce the
priate occupational license.
burden of occupational regulations in order to promote Principle 5. A State, territorial, or tribal government
the free practice of commerce, lower consumer costs, should issue an occupational license to a person in the
and increase economic and geographic mobility, includ- discipline applied for and at the same level of practice
ing for military spouses. if the individual satisfies four requirements:
My Administration is committed to continuing this (a) the individual holds an occupational license for
important work by partnering with State, local, terri- that discipline from another jurisdiction in the United
torial, and tribal leaders throughout the country to States and is in good standing;
eliminate harmful occupational regulations, which are (b) the individual verifies having met, as applicable,
frequently designed to protect politically connected in- the minimum examination, education, work, or clin-
terest groups. To this end, in October 2019, my Admin- ical-supervision requirements imposed by the State,
istration announced the establishment of the Gov- territory, or tribe;
ernors’ Initiative on Regulatory Innovation, which (c) the individual:
works with State, local, and tribal leaders to advance (i) has not had the license previously revoked or sus-
occupational licensing reforms, better align State and pended;
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 200
(ii) has not been disciplined related to the license by of recognizing and rewarding a State, territorial, or
any other regulating entity; and tribal government that has in place policies and proce-
(iii) is not subject to any pending complaint, allega- dures regarding occupational regulation that are con-
tion, or investigation related to the license; and sistent with the principles set forth in section 1 of this
(d) the individual pays all applicable fees required to order.
obtain the new license. SEC. 5. Definitions. For the purposes of this order:
Principle 6. Accommodations should be made for any (a) ‘‘Active supervision’’ means:
applicant for an occupational license who is the spouse (i) reviewing proposed occupational licensure board
of an active duty member of the uniformed services and rules, policies, or other regulatory actions that may re-
who is relocating with the member due to the member’s strict market competition prior to issuance;
official permanent change of station orders. (ii) ensuring that any entity seeking to impose occu-
SEC. 2. Review of and Report on Authorities, Regula- pational licensing criteria adopts the criteria that are
tions, Guidance, and Policies. The head of each executive least restrictive to competition sufficient to protect
department and agency (agency) shall, within 90 days consumers from significant and demonstrable harm to
of the date of this order [Dec. 14, 2020] and every 2 years their health or safety; and
thereafter: (iii) analyzing, where information is readily avail-
(a) review the agency’s authorities, regulations, guid- able, the effects of proposed rules, policies, and other
ance, and polices to identify changes necessary to en- regulatory actions on employment opportunities, con-
sure alignment with the principles set forth in section sumer costs, market competition, and administrative
1 of this order; and costs.
(b) submit a report to the Director of the Office of (b) ‘‘Agency’’ has the meaning given that term in sec-
Management and Budget (Director of OMB), the Assist- tion 3502(1) of title 44, United States Code, except that
ant to the President for Domestic Policy, and the As- the term does not include the agencies described in sec-
sistant to the President and Director of Intergovern- tion 3502(5) of title 44, United States Code, other than
mental Affairs (Director of IGA) identifying all nec- the Bureau of Consumer Financial Protection.
essary changes identified pursuant to subsection (a) of (c) ‘‘Occupational license’’ means a license, registra-
this section. tion, or certification without which an individual lacks
SEC. 3. Identification and Report of Opportunities to En- the legal permission of a State, local, territorial, or
courage Occupational Regulation Reform. (a) Within 90 tribal government to perform certain defined services
days of the date of this order, and every 2 years there- for compensation.
after, the head of each agency shall submit a report to (d) ‘‘Occupational regulation’’ includes:
the Director of OMB, the Assistant to the President for (i) licensing or government certification, by which a
Domestic Policy, and the Director of IGA identifying a government body requires personal qualifications in
list of recommended actions available to any and all order to be permitted to practice an occupation; and
agencies to recognize and reward State, territorial, and (ii) registration, bonding, or inspections, by which a
tribal governments that have in place policies and pro- government body does not require personal qualifica-
cedures regarding occupational regulation that are tions in order to be permitted to practice an occupa-
consistent with the principles set forth in section 1 of tion.
this order; and SEC. 6. General Provisions. (a) Nothing in this order
(b) Within 120 days of the date of this order, and shall be construed to impair or otherwise affect:
every 2 years thereafter, the Assistant to the President (i) the authority granted by law to an executive de-
for Domestic Policy, in consultation with the Sec- partment or agency, or the head thereof; or
retary of Commerce, the Secretary of Labor, the Direc- (ii) the functions of the Director of the Office of Man-
tor of OMB, the Administrator of the Small Business agement and Budget relating to budgetary, administra-
Administration, the Director of IGA, and the heads of tive, or legislative proposals.
other agencies and offices as appropriate, shall submit (b) This order shall be implemented consistent with
a report to the President identifying: applicable law and subject to the availability of appro-
(i) recommended changes to Federal law, regulations,
priations.
guidance, and other policies to ensure alignment with
(c) This order is not intended to, and does not, create
the principles set forth in section 1 of this order;
any right or benefit, substantive or procedural, enforce-
(ii) recommended actions to be taken by agencies to
able at law or in equity by any party against the
recognize and reward State, territorial, and tribal gov-
United States, its departments, agencies, or entities,
ernments that have in place policies and procedures re-
its officers, employees, or agents, or any other person.
garding occupational regulation that are consistent
with the principles set forth in section 1 of this order; DONALD J. TRUMP.
and EXECUTIVE ORDER NO. 13980
(iii) a list of criteria that may be used to evaluate
whether a State, territorial, or tribal government has Ex. Ord. No. 13980, Jan. 18, 2021, 86 F.R. 6817, which re-
in place policies and procedures that are consistent lated to regulations that may subject a violator to
with the principles set forth in section 1 of this order. criminal penalties, was revoked by Ex. Ord. No. 14029,
SEC. 4. Implementation of Recommendations to Recognize § 1, May 14, 2021, 86 F.R. 27025.
and Reward State, Territorial, and Tribal Regulatory Re-
EX. ORD. NO. 13985. ADVANCING RACIAL EQUITY AND SUP-
form. (a) Within 180 days of the date of this order, and
PORT FOR UNDERSERVED COMMUNITIES THROUGH THE
every 2 years thereafter, the Administrator of the
FEDERAL GOVERNMENT
Small Business Administration, in consultation with
the Secretary of Commerce, the Secretary of Labor, Ex. Ord. No. 13985, Jan. 20, 2021, 86 F.R. 7009, provided:
the Secretary of Health and Human Services, and the By the authority vested in me as President by the
heads of other agencies as appropriate, shall seek and Constitution and the laws of the United States of
report on information from State, territorial, and trib- America, it is hereby ordered:
al governments regarding whether they have in place SECTION 1. Policy. Equal opportunity is the bedrock of
policies and procedures consistent with the principles American democracy, and our diversity is one of our
set forth in section 1 of this order and shall make the country’s greatest strengths. But for too many, the
report publicly available, including on agencies’ American Dream remains out of reach. Entrenched dis-
websites. The information sought shall be consistent parities in our laws and public policies, and in our pub-
with the criteria identified as required by section lic and private institutions, have often denied that
3(b)(iii) of this order. equal opportunity to individuals and communities. Our
(b) Consistent with applicable law, and to the extent country faces converging economic, health, and cli-
that the President approves any of the actions rec- mate crises that have exposed and exacerbated inequi-
ommended pursuant to section 3(b)(ii) of this order, ties, while a historic movement for justice has high-
agencies shall implement such actions for the purpose lighted the unbearable human costs of systemic racism.
Page 201 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
Our Nation deserves an ambitious whole-of-government pilot programs to test model assessment tools and as-
equity agenda that matches the scale of the opportuni- sist agencies in doing so.
ties and challenges that we face. (c) Within 6 months of the date of this order [Jan. 20,
It is therefore the policy of my Administration that 2021], the Director of OMB shall deliver a report to the
the Federal Government should pursue a comprehen- President describing the best practices identified by
sive approach to advancing equity for all, including the study and, as appropriate, recommending ap-
people of color and others who have been historically proaches to expand use of those methods across the
underserved, marginalized, and adversely affected by Federal Government.
persistent poverty and inequality. Affirmatively ad- SEC. 5. Conducting an Equity Assessment in Federal
vancing equity, civil rights, racial justice, and equal Agencies. The head of each agency, or designee, shall, in
opportunity is the responsibility of the whole of our consultation with the Director of OMB, select certain
Government. Because advancing equity requires a sys- of the agency’s programs and policies for a review that
tematic approach to embedding fairness in decision- will assess whether underserved communities and their
making processes, executive departments and agencies members face systemic barriers in accessing benefits
(agencies) must recognize and work to redress inequi- and opportunities available pursuant to those policies
ties in their policies and programs that serve as bar- and programs. The head of each agency, or designee,
riers to equal opportunity. shall conduct such review and within 200 days of the
By advancing equity across the Federal Government, date of this order provide a report to the Assistant to
we can create opportunities for the improvement of the President for Domestic Policy (APDP) reflecting
communities that have been historically underserved, findings on the following:
which benefits everyone. For example, an analysis (a) Potential barriers that underserved communities
shows that closing racial gaps in wages, housing credit, and individuals may face to enrollment in and access to
lending opportunities, and access to higher education benefits and services in Federal programs;
would amount to an additional $5 trillion in gross do- (b) Potential barriers that underserved communities
mestic product in the American economy over the next and individuals may face in taking advantage of agency
5 years. The Federal Government’s goal in advancing procurement and contracting opportunities;
equity is to provide everyone with the opportunity to (c) Whether new policies, regulations, or guidance
reach their full potential. Consistent with these aims, documents may be necessary to advance equity in
each agency must assess whether, and to what extent, agency actions and programs; and
its programs and policies perpetuate systemic barriers (d) The operational status and level of institutional
to opportunities and benefits for people of color and resources available to offices or divisions within the
other underserved groups. Such assessments will better agency that are responsible for advancing civil rights
equip agencies to develop policies and programs that or whose mandates specifically include serving under-
deliver resources and benefits equitably to all. represented or disadvantaged communities.
SEC. 2. Definitions. For purposes of this order: (a) The SEC. 6. Allocating Federal Resources to Advance Fairness
term ‘‘equity’’ means the consistent and systematic and Opportunity. The Federal Government should, con-
fair, just, and impartial treatment of all individuals, sistent with applicable law, allocate resources to ad-
including individuals who belong to underserved com- dress the historic failure to invest sufficiently, justly,
munities that have been denied such treatment, such as and equally in underserved communities, as well as in-
Black, Latino, and Indigenous and Native American dividuals from those communities. To this end:
persons, Asian Americans and Pacific Islanders and (a) The Director of OMB shall identify opportunities
other persons of color; members of religious minorities; to promote equity in the budget that the President sub-
lesbian, gay, bisexual, transgender, and queer mits to the Congress.
(LGBTQ+) persons; persons with disabilities; persons (b) The Director of OMB shall, in coordination with
who live in rural areas; and persons otherwise ad- the heads of agencies, study strategies, consistent with
versely affected by persistent poverty or inequality. applicable law, for allocating Federal resources in a
(b) The term ‘‘underserved communities’’ refers to manner that increases investment in underserved com-
populations sharing a particular characteristic, as well munities, as well as individuals from those commu-
as geographic communities, that have been systemati- nities. The Director of OMB shall report the findings of
cally denied a full opportunity to participate in aspects this study to the President.
of economic, social, and civic life, as exemplified by the SEC. 7. Promoting Equitable Delivery of Government Ben-
list in the preceding definition of ‘‘equity.’’ efits and Equitable Opportunities. Government programs
SEC. 3. Role of the Domestic Policy Council. The role of are designed to serve all eligible individuals. And Gov-
the White House Domestic Policy Council (DPC) is to ernment contracting and procurement opportunities
coordinate the formulation and implementation of my should be available on an equal basis to all eligible pro-
Administration’s domestic policy objectives. Con- viders of goods and services. To meet these objectives
sistent with this role, the DPC will coordinate efforts and to enhance compliance with existing civil rights
to embed equity principles, policies, and approaches laws:
across the Federal Government. This will include ef- (a) Within 1 year of the date of this order, the head
forts to remove systemic barriers to and provide equal of each agency shall consult with the APDP and the Di-
access to opportunities and benefits, identify commu- rector of OMB to produce a plan for addressing:
nities the Federal Government has underserved, and de- (i) any barriers to full and equal participation in pro-
velop policies designed to advance equity for those grams identified pursuant to section 5(a) of this order;
communities. The DPC-led interagency process will en- and
sure that these efforts are made in coordination with (ii) any barriers to full and equal participation in
the directors of the National Security Council and the agency procurement and contracting opportunities
National Economic Council. identified pursuant to section 5(b) of this order.
SEC. 4. Identifying Methods to Assess Equity. (a) The Di- (b) The Administrator of the U.S. Digital Service, the
rector of the Office of Management and Budget (OMB) United States Chief Technology Officer, the Chief In-
shall, in partnership with the heads of agencies, study formation Officer of the United States, and the heads of
methods for assessing whether agency policies and ac- other agencies, or their designees, shall take necessary
tions create or exacerbate barriers to full and equal actions, consistent with applicable law, to support
participation by all eligible individuals. The study agencies in developing such plans.
should aim to identify the best methods, consistent SEC. 8. Engagement with Members of Underserved Com-
with applicable law, to assist agencies in assessing eq- munities. In carrying out this order, agencies shall con-
uity with respect to race, ethnicity, religion, income, sult with members of communities that have been his-
geography, gender identity, sexual orientation, and dis- torically underrepresented in the Federal Government
ability. and underserved by, or subject to discrimination in,
(b) As part of this study, the Director of OMB shall Federal policies and programs. The head of each agency
consider whether to recommend that agencies employ shall evaluate opportunities, consistent with applicable
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 202
law, to increase coordination, communication, and en- (d) This order is not intended to, and does not, create
gagement with community-based organizations and any right or benefit, substantive or procedural, enforce-
civil rights organizations. able at law or in equity by any party against the
SEC. 9. Establishing an Equitable Data Working Group. United States, its departments, agencies, or entities,
Many Federal datasets are not disaggregated by race, its officers, employees, or agents, or any other person.
ethnicity, gender, disability, income, veteran status, or J.R. BIDEN, JR.
other key demographic variables. This lack of data has
cascading effects and impedes efforts to measure and EX. ORD. NO. 14017. AMERICA’S SUPPLY CHAINS
advance equity. A first step to promoting equity in Ex. Ord. No. 14017, Feb. 24, 2021, 86 F.R. 11849, pro-
Government action is to gather the data necessary to vided:
inform that effort. By the authority vested in me as President by the
(a) Establishment. There is hereby established an Constitution and the laws of the United States of
Interagency Working Group on Equitable Data (Data America, it is hereby ordered as follows:
Working Group). SECTION 1. Policy. The United States needs resilient,
(b) Membership. diverse, and secure supply chains to ensure our eco-
(i) The Chief Statistician of the United States and nomic prosperity and national security. Pandemics and
the United States Chief Technology Officer shall serve other biological threats, cyber-attacks, climate shocks
as Co-Chairs of the Data Working Group and coordinate and extreme weather events, terrorist attacks, geo-
its work. The Data Working Group shall include rep- political and economic competition, and other condi-
resentatives of agencies as determined by the Co-Chairs tions can reduce critical manufacturing capacity and
to be necessary to complete the work of the Data the availability and integrity of critical goods, prod-
Working Group, but at a minimum shall include the ucts, and services. Resilient American supply chains
following officials, or their designees: will revitalize and rebuild domestic manufacturing ca-
(A) the Director of OMB; pacity, maintain America’s competitive edge in re-
(B) the Secretary of Commerce, through the Direc- search and development, and create well-paying jobs.
tor of the U.S. Census Bureau; They will also support small businesses, promote pros-
(C) the Chair of the Council of Economic Advisers;
perity, advance the fight against climate change, and
(D) the Chief Information Officer of the United
encourage economic growth in communities of color
States;
(E) the Secretary of the Treasury, through the As- and economically distressed areas.
More resilient supply chains are secure and diverse—
sistant Secretary of the Treasury for Tax Policy;
(F) the Chief Data Scientist of the United States; facilitating greater domestic production, a range of
and supply, built-in redundancies, adequate stockpiles, safe
(G) the Administrator of the U.S. Digital Service. and secure digital networks, and a world-class Amer-
(ii) The DPC shall work closely with the Co-Chairs of ican manufacturing base and workforce. Moreover,
the Data Working Group and assist in the Data Work- close cooperation on resilient supply chains with allies
ing Group’s interagency coordination functions. and partners who share our values will foster collective
(iii) The Data Working Group shall consult with economic and national security and strengthen the ca-
agencies to facilitate the sharing of information and pacity to respond to international disasters and emer-
best practices, consistent with applicable law. gencies.
(c) Functions. The Data Working Group shall: Therefore, it is the policy of my Administration to
(i) through consultation with agencies, study and strengthen the resilience of America’s supply chains.
provide recommendations to the APDP identifying in- SEC. 2. Coordination. The Assistant to the President
adequacies in existing Federal data collection pro- for National Security Affairs (APNSA) and the Assist-
grams, policies, and infrastructure across agencies, and ant to the President for Economic Policy (APEP) shall
strategies for addressing any deficiencies identified; coordinate the executive branch actions necessary to
and implement this order through the interagency process
(ii) support agencies in implementing actions, con- identified in National Security Memorandum 2 of Feb-
sistent with applicable law and privacy interests, that ruary 4, 2021 (Renewing the National Security Council
expand and refine the data available to the Federal System). In implementing this order, the heads of
Government to measure equity and capture the diver- agencies should, as appropriate, consult outside stake-
sity of the American people. holders—such as those in industry, academia, non-gov-
(d) OMB shall provide administrative support for the ernmental organizations, communities, labor unions,
Data Working Group, consistent with applicable law. and State, local, and Tribal governments—in order to
SEC. 10. Revocation. (a) Executive Order 13950 of Sep- fulfill the policy identified in section 1 of this order.
tember 22, 2020 (Combating Race and Sex Stereotyping) SEC. 3. 100-Day Supply Chain Review. (a) To advance
[former 5 U.S.C. 4103 note], is hereby revoked. the policy described in section 1 of this order, the
(b) The heads of agencies covered by Executive Order APNSA and the APEP, in coordination with the heads
13950 shall review and identify proposed and existing of appropriate agencies, as defined in section 6(a) of
agency actions related to or arising from Executive this order, shall complete a review of supply chain
Order 13950. The head of each agency shall, within 60 risks, as outlined in subsection (b) of this section, with-
days of the date of this order, consider suspending, re- in 100 days of the date of this order [Feb. 24, 2021].
vising, or rescinding any such actions, including all (b) Within 100 days of the date of this order, the speci-
agency actions to terminate or restrict contracts or fied heads of agencies shall submit the following re-
grants pursuant to Executive Order 13950, as appro- ports to the President, through the APNSA and the
priate and consistent with applicable law. APEP:
(c) Executive Order 13958 of November 2, 2020 (Estab- (i) The Secretary of Commerce, in consultation with
lishing the President’s Advisory 1776 Commission) the heads of appropriate agencies, shall submit a report
[former 20 U.S.C. 3411 note], is hereby revoked. identifying risks in the semiconductor manufacturing
SEC. 11. General Provisions. (a) Nothing in this order and advanced packaging supply chains and policy rec-
shall be construed to impair or otherwise affect: ommendations to address these risks. The report shall
(i) the authority granted by law to an executive de- include the items described in section 4(c) of this order.
partment or agency, or the head thereof; or (ii) The Secretary of Energy, in consultation with the
(ii) the functions of the Director of the Office of Man- heads of appropriate agencies, shall submit a report
agement and Budget relating to budgetary, administra- identifying risks in the supply chain for high-capacity
tive, or legislative proposals. batteries, including electric-vehicle batteries, and pol-
(b) This order shall be implemented consistent with icy recommendations to address these risks. The report
applicable law and subject to the availability of appro- shall include the items described in section 4(c) of this
priations. order.
(c) Independent agencies are strongly encouraged to (iii) The Secretary of Defense (as the National De-
comply with the provisions of this order. fense Stockpile Manager), in consultation with the
Page 203 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
heads of appropriate agencies, shall submit a report report on supply chains for the production of agricul-
identifying risks in the supply chain for critical min- tural commodities and food products.
erals and other identified strategic materials, including (b) The APNSA and the APEP shall, as appropriate
rare earth elements (as determined by the Secretary of and in consultation with the heads of appropriate agen-
Defense), and policy recommendations to address these cies, recommend adjustments to the scope for each in-
risks. The report shall also describe and update work dustrial base assessment, including digital networks,
done pursuant to Executive Order 13953 of September services, assets, and data (‘‘digital products’’), goods,
30, 2020 (Addressing the Threat to the Domestic Supply services, and materials that are relevant within more
Chain From Reliance on Critical Minerals From For- than one defined industrial base, and add new assess-
eign Adversaries and Supporting the Domestic Mining ments, as appropriate, for goods and materials not in-
and Processing Industries) [30 U.S.C. 1601 note]. The re- cluded in the above industrial base assessments.(c)
port shall include the items described in section 4(c) of Each report submitted under subsection (a) of this sec-
this order. tion shall include a review of:
(iv) The Secretary of Health and Human Services, in (i) the critical goods and materials, as defined in sec-
consultation with the heads of appropriate agencies, tion 6(b) of this order, underlying the supply chain in
shall submit a report identifying risks in the supply question;
chain for pharmaceuticals and active pharmaceutical (ii) other essential goods and materials, as defined in
ingredients and policy recommendations to address section 6(d) of this order, underlying the supply chain
these risks. The report shall complement the ongoing in question, including digital products;
work to secure the supply chains of critical items need- (iii) the manufacturing or other capabilities nec-
ed to combat the COVID–19 pandemic, including per- essary to produce the materials identified in sub-
sonal protective equipment, conducted pursuant to Ex- sections (c)(i) and (c)(ii) of this section, including
ecutive Order 14001 of January 21, 2021 (A Sustainable emerging capabilities;
Public Health Supply Chain) [42 U.S.C. 247d–6b note]. (iv) the defense, intelligence, cyber, homeland secu-
The report shall include the items described in section rity, health, climate, environmental, natural, market,
4(c) of this order. economic, geopolitical, human-rights or forced-labor
(c) The APNSA and the APEP shall review the re- risks or other contingencies that may disrupt, strain,
ports required under subsection (b) of this section and compromise, or eliminate the supply chain—including
shall submit the reports to the President in an unclas- risks posed by supply chains’ reliance on digital prod-
sified form, but may include a classified annex. ucts that may be vulnerable to failures or exploitation,
(d) The APNSA and the APEP shall include a cover and risks resulting from the elimination of, or failure
memorandum to the set of reports submitted pursuant to develop domestically, the capabilities identified in
to this section, summarizing the reports’ findings and subsection (c)(iii) of this section—and that are suffi-
making any additional overall recommendations for ciently likely to arise so as to require reasonable prep-
addressing the risks to America’s supply chains, includ-
aration for their occurrence;
ing the supply chains for the products identified in sub- (v) the resilience and capacity of American manufac-
section (b) of this section. turing supply chains and the industrial and agricul-
SEC. 4. Sectoral Supply Chain Assessments. (a) Within 1
tural base—whether civilian or defense—of the United
year of the date of this order, the specified heads of
States to support national and economic security,
agencies shall submit the following reports to the
President, through the APNSA and the APEP: emergency preparedness, and the policy identified in
(i) The Secretary of Defense, in consultation with the section 1 of this order, in the event any of the contin-
heads of appropriate agencies, shall submit a report on gencies identified in subsection (c)(iv) of this section
supply chains for the defense industrial base that up- occurs, including an assessment of:
dates the report provided pursuant to Executive Order (A) the manufacturing or other needed capacities of
13806 of July 21, 2017 (Assessing and Strengthening the the United States, including the ability to modernize
Manufacturing and Defense Industrial Base and Supply to meet future needs;
Chain Resiliency of the United States) [82 F.R. 34597], (B) gaps in domestic manufacturing capabilities, in-
and builds on the Annual Industrial Capabilities Report cluding nonexistent, extinct, threatened, or single-
mandated by the Congress pursuant to [former] section point-of-failure capabilities;
2504 of title 10, United States Code [now 10 U.S.C. 4814]. (C) supply chains with a single point of failure, sin-
The report shall identify areas where civilian supply gle or dual suppliers, or limited resilience, especially
chains are dependent upon competitor nations, as de- for subcontractors, as defined by section 44.101 of
termined by the Secretary of Defense. title 48, Code of Federal Regulations (Federal Acqui-
(ii) The Secretary of Health and Human Services, in sition Regulation);
consultation with the heads of appropriate agencies, (D) the location of key manufacturing and produc-
shall submit a report on supply chains for the public tion assets, with any significant risks identified in
health and biological preparedness industrial base (as subsection (c)(iv) of this section posed by the assets’
determined by the Secretary of Health and Human physical location;
Services). The report shall complement the work con- (E) exclusive or dominant supply of critical goods
ducted pursuant to section 4 of Executive Order 14001. and materials and other essential goods and mate-
(iii) The Secretary of Commerce and the Secretary of rials, as identified in subsections (c)(i) and (c)(ii) of
Homeland Security, in consultation with the heads of this section, by or through nations that are, or are
appropriate agencies, shall submit a report on supply likely to become, unfriendly or unstable;
chains for critical sectors and subsectors of the infor- (F) the availability of substitutes or alternative
mation and communications technology (ICT) indus- sources for critical goods and materials and other es-
trial base (as determined by the Secretary of Com- sential goods and materials, as identified in sub-
merce and the Secretary of Homeland Security), in- sections (c)(i) and (c)(ii) of this section;
cluding the industrial base for the development of ICT (G) current domestic education and manufacturing
software, data, and associated services. workforce skills for the relevant sector and identified
(iv) The Secretary of Energy, in consultation with gaps, opportunities, and potential best practices in
the heads of appropriate agencies, shall submit a report meeting the future workforce needs for the relevant
on supply chains for the energy sector industrial base sector;
(as determined by the Secretary of Energy). (H) the need for research and development capacity
(v) The Secretary of Transportation, in consultation to sustain leadership in the development of critical
with the heads of appropriate agencies, shall submit a goods and materials and other essential goods and
report on supply chains for the transportation indus- materials, as identified in subsections (c)(i) and (c)(ii)
trial base (as determined by the Secretary of Transpor- of this section;
tation). (I) the role of transportation systems in supporting
(vi) The Secretary of Agriculture, in consultation existing supply chains and risks associated with
with the heads of appropriate agencies, shall submit a those transportation systems; and
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 204
(J) the risks posed by climate change to the avail- impropriety, to ensure integrity and public confidence
ability, production, or transportation of critical in supply chain analyses;
goods and materials and other essential goods and (f) reforms to domestic and international trade rules
materials, as identified in subsections (c)(i) and (c)(ii) and agreements needed to support supply chain resil-
of this section. ience, security, diversity, and strength;
(vi) allied and partner actions, including whether (g) education and workforce reforms needed to
United States allies and partners have also identified strengthen the domestic industrial base;
and prioritized the critical goods and materials and (h) steps to ensure that the Government’s supply
other essential goods and materials identified in sub- chain policy supports small businesses, prevents mo-
sections (c)(i) and (c)(ii) of this section, and possible nopolization, considers climate and other environ-
avenues for international engagement. In assessing mental impacts, encourages economic growth in com-
these allied and partner actions, the heads of agencies munities of color and economically distressed areas,
shall consult with the Secretary of State; and ensures geographic dispersal of economic activity
(vii) the primary causes of risks for any aspect of the across all regions of the United States; and
relevant industrial base and supply chains assessed as (i) Federal incentives and any amendments to Fed-
vulnerable pursuant to subsection (c)(v) of this section; eral procurement regulations that may be necessary to
(viii) a prioritization of the critical goods and mate- attract and retain investments in critical goods and
rials and other essential goods and materials, including materials and other essential goods and materials, as
digital products, identified in subsections (c)(i) and defined in sections 6(b) and 6(d) of this order, including
(c)(ii) of this section for the purpose of identifying op- any new programs that could encourage both domestic
tions and policy recommendations. The prioritization and foreign investment in critical goods and materials.
shall be based on statutory or regulatory requirements; SEC. 6. Definitions. For purposes of this order:
importance to national security, emergency prepared- (a) ‘‘Agency’’ means any authority of the United
ness, and the policy set forth in section 1 of this order; States that is an ‘‘agency’’ under 44 U.S.C. 3502(1),
and the review conducted pursuant to subsection (c)(v) other than those considered to be independent regu-
of this section; latory agencies, as defined in 44 U.S.C. 3502(5). ‘‘Agen-
(ix) specific policy recommendations for ensuring a cy’’ also means any component of the Executive Office
resilient supply chain for the sector. Such rec- of the President.
ommendations may include sustainably reshoring sup- (b) ‘‘Critical goods and materials’’ means goods and
ply chains and developing domestic supplies, cooper- raw materials currently defined under statute or regu-
ating with allies and partners to identify alternative lation as ‘‘critical’’ materials, technologies, or infra-
supply chains, building redundancy into domestic sup- structure.
ply chains, ensuring and enlarging stockpiles, devel- (c) ‘‘Critical minerals’’ has the meaning given to that
oping workforce capabilities, enhancing access to fi- term in Executive Order 13953 of September 30, 2020 (Ad-
nancing, expanding research and development to broad- dressing the Threat to the Domestic Supply Chain
en supply chains, addressing risks due to From Reliance on Critical Minerals From Foreign Ad-
vulnerabilities in digital products relied on by supply versaries and Supporting the Domestic Mining and
chains, addressing risks posed by climate change, and Processing Industries) [30 U.S.C. 1601 note].
any other recommendations; (d) ‘‘Other essential goods and materials’’ means
(x) any executive, legislative, regulatory, and policy goods and materials that are essential to national and
changes and any other actions to strengthen the capa- economic security, emergency preparedness, or to ad-
bilities identified in subsection (c)(iii) of this section, vance the policy set forth in section 1 of this order, but
and to prevent, avoid, or prepare for any of the contin- not included within the definition of ‘‘critical goods
gencies identified in subsection (c)(iv) of this section; and materials.’’
and (e) ‘‘Supply chain,’’ when used with reference to min-
(xi) proposals for improving the Government-wide ef- erals, includes the exploration, mining, concentration,
fort to strengthen supply chains, including proposals separation, alloying, recycling, and reprocessing of
for coordinating actions required under this order with minerals.
ongoing efforts that could be considered duplicative of SEC. 7. General Provisions. (a) Nothing in this order
the work of this order or with existing Government shall be construed to impair or otherwise affect:
mechanisms that could be used to implement this order (i) the authority granted by law to an executive de-
in a more effective manner. partment or agency, or the head thereof; or
(d) The APNSA and the APEP shall review the re- (ii) the functions of the Director of the Office of Man-
ports required under subsection (a) of this section and agement and Budget relating to budgetary, administra-
shall submit the reports to the President in an unclas- tive, or legislative proposals.
sified form, but may include a classified annex. (b) This order shall be implemented consistent with
SEC. 5. General Review and Recommendations. As soon applicable law and subject to the availability of appro-
as practicable following the submission of the reports priations.
required under section 4 of this order, the APNSA and (c) This order is not intended to, and does not, create
the APEP, in coordination with the heads of appro- any right or benefit, substantive or procedural, enforce-
priate agencies, shall provide to the President one or able at law or in equity by any party against the
more reports reviewing the actions taken over the pre- United States, its departments, agencies, or entities,
vious year and making recommendations concerning: its officers, employees, or agents, or any other person.
(a) steps to strengthen the resilience of America’s
supply chains; J.R. BIDEN, JR.
(b) reforms needed to make supply chain analyses and EX. ORD. NO. 14075. ADVANCING EQUALITY FOR LESBIAN,
actions more effective, including statutory, regulatory, GAY, BISEXUAL, TRANSGENDER, QUEER, AND INTERSEX
procedural, and institutional design changes. The re- INDIVIDUALS
port shall include recommendations on whether addi-
tional offices, personnel, resources, statistical data, or Ex. Ord. No. 14075, June 15, 2022, 87 F.R. 37189, pro-
authorities are needed; vided:
(c) [Superseded by Ex. Ord. No. 14123, § 4(e), June 14, By the authority vested in me as President by the
2024, 89 F.R. 51951, see section 4(f) of Ex. Ord. No. 14123, Constitution and the laws of the United States of
set out below.] America, it is hereby ordered as follows:
(d) diplomatic, economic, security, trade policy, in- SECTION 1. Policy. Our Nation has made great strides
formational, and other actions that can successfully in fulfilling the fundamental promises of freedom and
engage allies and partners to strengthen supply chains equality for lesbian, gay, bisexual, transgender, queer,
jointly or in coordination; and intersex (LGBTQI+) Americans, owing to the lead-
(e) insulating supply chain analyses and actions from ership of generations of LGBTQI+ individuals. In spite
conflicts of interest, corruption, or the appearance of of this historic progress, LGBTQI+ individuals and fam-
Page 205 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
ilies still face systemic discrimination and barriers to the Secretary of HHS shall, as appropriate and con-
full participation in our Nation’s economic and civic sistent with applicable law:
life. These disparities and barriers can be the greatest (i) consider whether to issue guidance clarifying for
for transgender people and LGBTQI+ people of color. HHS programs and services agencies that so-called con-
Today, unrelenting political and legislative attacks at version therapy does not meet criteria for use in feder-
the State level—on LGBTQI+ children and families in ally funded health and human services programs;
particular—threaten the civil rights gains of the last (ii) increase public awareness of the harms and risks
half century and put LGBTQI+ people at risk. These at- associated with so-called conversion therapy for
tacks defy our American values of liberty and dignity, LGBTQI+ youth and their families;
corrode our democracy, and threaten basic personal (iii) increase the availability of technical assistance
safety. They echo the criminalization that LGBTQI+ and training to health care and social service providers
people continue to face in some 70 countries around the on evidence-informed promising practices for sup-
world. The Federal Government must defend the rights porting the health, including mental health, of
and safety of LGBTQI+ individuals. LGBTQI+ youth, and on the dangers of so-called con-
It is therefore the policy of my Administration to version therapy; and
combat unlawful discrimination and eliminate dispari- (iv) seek funding opportunities for providers of evi-
ties that harm LGBTQI+ individuals and their families, dence-based trauma-informed services to better support
defend their rights and safety, and pursue a comprehen- survivors of so-called conversion therapy.
sive approach to delivering the full promise of equality (b) The Federal Trade Commission is encouraged to
for LGBTQI+ individuals, consistent with Executive consider whether so-called conversion therapy con-
Order 13988 of January 20, 2021 (Preventing and Com- stitutes an unfair or deceptive act or practice, and to
bating Discrimination on the Basis of Gender Identity issue such consumer warnings or notices as may be ap-
or Sexual Orientation) [42 U.S.C. 2000e note]. propriate.
The Federal Government must take action to address (c) To address so-called conversion therapy around
the significant disparities that LGBTQI+ youth face in the world, within 180 days of the date of this order, the
the foster care system, the misuse of State and local Secretary of State, in collaboration with the Secretary
child welfare agencies to target LGBTQI+ youth and of the Treasury, the Secretary of HHS, and the Admin-
families, and the mental health needs of LGBTQI+ istrator of the United States Agency for International
youth. My Administration must safeguard LGBTQI+ Development, shall develop an action plan to promote
youth from dangerous practices like so-called ‘‘conver- an end to its use around the world. In developing the
sion therapy’’—efforts to suppress or change an individ- action plan, the Secretary of State shall consider the
ual’s sexual orientation, gender identity, or gender ex- use of United States foreign assistance programs and
pression—a discredited practice that research indicates the United States voice and vote in multilateral devel-
can cause significant harm, including higher rates of opment banks and international development institu-
suicide-related thoughts and behaviors by LGBTQI+ tions of which the United States is a shareholder or
youth. The Federal Government must strengthen the donor to take appropriate steps to prevent the use of
supports for LGBTQI+ students in our Nation’s schools so-called conversion therapy, as well as to help ensure
and other education and training programs. It must that United States foreign assistance programs do not
also address the discrimination and barriers that use foreign assistance funds for so-called conversion
LGBTQI+ individuals and families face by expanding therapy. To further critical data collection, the Sec-
access to comprehensive health care, including repro- retary of State shall instruct all United States Embas-
ductive health; protecting the rights of LGBTQI+ older sies and Missions worldwide to submit additional infor-
adults; and preventing and addressing LGBTQI+ home- mation on the practice and incidence of so-called con-
lessness and housing instability. Through these ac- version therapy as part of the Country Reports on
tions, the Federal Government will help ensure that Human Rights Practices.
every person—regardless of who they are or whom they SEC. 4. Promoting Family Counseling and Support of
love—has the opportunity to live freely and with dig- LGBTQI+ Youth as a Public Health Priority of the United
nity. States. (a) ‘‘Family counseling and support programs’’
SEC. 2. Addressing Harmful and Discriminatory Legisla- are defined for the purposes of this order as voluntary
tive Attacks on LGBTQI+ Children, Youth, and Families. programs in which families and service providers may
(a) The Secretary of Health and Human Services (HHS) elect to participate that seek to prevent or reduce be-
shall, as appropriate and consistent with applicable haviors associated with family rejection of LGBTQI+
law, use the Department of HHS’s authorities to pro- youth by providing developmentally appropriate sup-
tect LGBTQI+ individuals’ access to medically nec- port, counseling, or information to parents, families,
essary care from harmful State and local laws and caregivers, child welfare and school personnel, or
practices, and shall promote the adoption of promising health care professionals on how to support an
policies and practices to support health equity, includ- LGBTQI+ youth’s safety and well-being.
ing in the area of mental health care, for LGBTQI+ (b) The Secretary of HHS shall seek to expand the
youth and adults. Within 200 days of the date of this availability of family counseling and support programs
order [June 15, 2022], the Secretary of HHS shall de- in federally funded health, human services, and child
velop and release sample policies for States to safe- welfare programs by:
guard and expand access to health care for LGBTQI+ (i) considering whether to issue guidance regarding
individuals and their families, including mental health the extent to which Federal funding under Title IV–B
services. [42 U.S.C. 620 et seq.] and IV–E [42 U.S.C. 670 et seq.] of
(b) The Secretary of Education shall, as appropriate the Social Security Act, 42 U.S.C. Ch. 7, may be used to
and consistent with applicable law, use the Department provide family counseling and support programs;
of Education’s authorities to support LGBTQI+ stu- (ii) considering funding opportunities for programs
dents, their families, educators, and other school per- that implement family counseling and support models;
sonnel targeted by harmful State and local laws and (iii) considering opportunities through the Centers
practices, and shall promote the adoption of promising for Disease Control and Prevention (CDC) and the Na-
policies and practices to support the safety, well-being, tional Institutes of Health to increase Federal research
and rights of LGBTQI+ students. Within 200 days of the into the impacts of family rejection and family support
date of this order, the Secretary of Education shall de- on the mental health and long-term well-being of
velop and release sample policies for supporting LGBTQI+ individuals; and
LGBTQI+ students’ well-being and academic success in (iv) ensuring that HHS data, investments, resources,
schools and educational institutions. and partnerships related to the CDC Adverse Childhood
SEC. 3. Addressing Exposure to So-Called Conversion Experiences program address the disparities faced by
Therapy. (a) The Secretary of HHS shall establish an LGBTQI+ children and youth.
initiative to reduce the risk of youth exposure to so- SEC. 5. Addressing Discrimination and Barriers Faced by
called conversion therapy. As part of that initiative, LGBTQI+ Children, Youth, Parents, Caretakers, and Fami-
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 206
lies in the Child Welfare System and Juvenile Justice Sys- complete a review of agencies’ current eligibility
tems. (a) The Secretary of HHS shall consider how to standards for families. Such agencies shall seek oppor-
use the Department’s authorities to strengthen non- tunities, consistent with applicable law, to adopt more
discrimination protections on the basis of sex, includ- inclusive eligibility standards in line with the rec-
ing sexual orientation, gender identity, and sex charac- ommendations in the report produced pursuant to sub-
teristics, in its programs and services, consistent with section (a) of this section.
Executive Order 13988 and applicable legal require- SEC. 7. Safeguarding Access to Health Care and Other
ments. Health Supports for LGBTQI+ Individuals. The Secretary
(b) The Secretary of HHS shall direct the Assistant of HHS shall establish an initiative to address the
Secretary for Family Support to establish an initiative health disparities facing LGBTQI+ youth and adults,
to partner with State child welfare agencies to help ad- take steps to prevent LGBTQI+ suicide, and address the
dress and eliminate disparities in the child welfare sys- barriers and exclusionary policies that LGBTQI+ indi-
tem experienced by LGBTQI+ children, parents, and viduals and families face in accessing quality, afford-
caregivers, including: the over-representation of able, comprehensive health care, including mental
LGBTQI+ youth in the child welfare system, including health care, reproductive health care, and HIV preven-
over-representation in congregate placements; dis- tion and treatment. As part of that initiative, the Sec-
proportionately high rates of abuse, and placements in retary of HHS shall, as appropriate and consistent with
unsupportive or hostile environments faced by applicable law:
LGBTQI+ youth in foster care; disproportionately high (a) seek funding opportunities related to health, in-
rates of homelessness faced by LGBTQI+ youth who cluding mental health, for LGBTQI+ individuals, espe-
exit foster care; and discrimination faced by LGBTQI+ cially youth, including resources for the Nation’s sui-
parents, kin, and foster and adoptive families. The ini- cide prevention and crisis support services to support
tiative, as appropriate and consistent with applicable LGBTQI+ individuals;
(b) promote expanded access to comprehensive health
law, shall also take actions to:
care for LGBTQI+ individuals, including by working
(i) seek funding opportunities for programs and serv-
with States on expanding access to gender-affirming
ices that improve outcomes for LGBTQI+ children in
care;
the child welfare system; (c) issue guidance through the Substance Abuse and
(ii) provide increased training and technical assist-
Mental Health Services Administration and the Office
ance to State child welfare agencies and child welfare
of the Assistant Secretary for Health, within 100 days
personnel on promising practices to support LGBTQI+
of the date of this order, on providing evidence-in-
youth in foster care and LGBTQI+ parents and care-
formed mental health care and substance use treat-
givers;
ment and support services for LGBTQI+ youth; and
(iii) develop sample policies for supporting LGBTQI+ (d) develop and issue a report, within 1 year of the
children, parents, and caregivers in the child welfare date of this order, and after consultation with medical
system; experts, medical associations, and individuals with
(iv) promote equity and inclusion for LGBTQI+ foster
lived expertise, on promising practices for advancing
and adoptive parents in their interactions with the
health equity for intersex individuals.
child welfare system; SEC. 8. Supporting LGBTQI+ Students in our Nation’s
(v) evaluate the rate of child removals from LGBTQI+
Schools and Educational Institutions. The Secretary of
families of origin, in particular families that include
Education shall establish a Working Group on
LGBTQI+ women of color, and develop proposals to ad-
LGBTQI+ Students and Families, which shall lead an
dress any disproportionate rates of child removals
initiative to address discrimination against LGBTQI+
faced by such families;
students and strengthen supports for LGBTQI+ stu-
(vi) assess and improve the responsible collection and
dents and families. Through that Working Group, the
use of data on sexual orientation and gender identity in
Secretary of Education shall, as appropriate and con-
the child welfare system to measure and address in-
sistent with applicable law:
equities faced by LGBTQI+ children, parents, and care- (a) review, revise, develop, and promote guidance,
givers, while safeguarding the privacy, safety, and civil technical assistance, training, promising practices, and
rights of LGBTQI+ youth; and sample policies for States, school districts, and other
(vii) advance policies that help to prevent the place-
educational institutions to promote safe and inclusive
ment of LGBTQI+ youth in foster and congregate care
learning environments in which all LGBTQI+ students
environments that will be hostile to their gender iden-
thrive and to address bullying of LGBTQI+ students;
tity or sexual orientation. (b) identify promising practices for helping to ensure
(c) The Attorney General shall establish a clearing- that school-based health services and supports, espe-
house within the Office of Juvenile Justice and Delin- cially mental health services, are accessible to and sup-
quency Prevention to provide effective training, tech- portive of LGBTQI+ students;
nical assistance, and other resources for jurisdictions (c) seek funding opportunities for grantees and pro-
seeking to better serve LGBTQI+ youth using a con- grams that will improve educational and health out-
tinuum-of-care framework. The clearinghouse shall in- comes, especially mental health outcomes, for
clude juvenile justice and delinquency prevention pro- LGBTQI+ students and other underserved students; and
grams addressing the needs, including mental health (d) seek to strengthen supportive services for
needs, of LGBTQI+ youth. LGBTQI+ students and families experiencing homeless-
SEC. 6. Reviewing Eligibility Standards for Federal Bene- ness, including those provided by the National Center
fits and Programs. (a) Within 180 days of the date of this for Homeless Education.
order, the Secretary of HHS shall conduct a study on SEC. 9. Preventing and Ending LGBTQI+ Homelessness
the impact that current Federal statutory and regu- and Housing Instability. (a) The Secretary of Housing
latory eligibility standards have on the ability of and Urban Development (HUD) shall establish a Work-
LGBTQI+ and other households as determined by the ing Group on LGBTQI+ Homelessness and Housing Eq-
Secretary to access Federal benefits and programs for uity, which shall lead an initiative that aims to pre-
families, and shall produce a public report with find- vent and address homelessness and housing instability
ings and recommendations that could increase among LGBTQI+ individuals, including youth, and
LGBTQI+ and such other households’ participation in households. As part of that initiative, the Secretary of
and eligibility for Federal benefits and programs for HUD shall, as appropriate and consistent with applica-
families. ble law:
(b) Within 100 days of the release of the recommenda- (i) identify and address barriers to housing faced by
tions required by subsection (a) of this section, the Di- LGBTQI+ individuals, including youth, and families
rector of the Office of Management and Budget (OMB) that place them at high risk of housing instability and
shall coordinate with executive departments and agen- homelessness;
cies (agencies) that administer programs that establish (ii) provide guidance and technical assistance to HUD
eligibility standards for participation by families to contractors, grantees, and programs on effectively and
Page 207 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
respectfully serving LGBTQI+ individuals, including ordination with the Director of OMB, develop and re-
youth, and families; lease a Federal Evidence Agenda on LGBTQI+ Equity,
(iii) develop and provide guidance, sample policies, which shall:
technical assistance, and training to Continuums of (i) describe disparities faced by LGBTQI+ individuals
Care, established pursuant to HUD’s Continuum of Care that could be better understood through Federal statis-
Program; homeless service providers; and housing pro- tics and data collection;
viders to improve services and outcomes for LGBTQI+ (ii) identify, in coordination with agency Statistical
individuals, including youth, and families who are ex- Officials, Chief Science Officers, Chief Data Officers,
periencing or are at risk of homelessness, and to ensure and Evaluation Officers, Federal data collections where
compliance with the Fair Housing Act, 42 U.S.C. 3601 et improved SOGI data collection may be important for
seq., and HUD’s 2012 and 2016 Equal Access Rules; and advancing the Federal Government’s ability to meas-
(iv) seek funding opportunities, including through the ure disparities facing LGBTQI+ individuals; and
Youth Homelessness Demonstration Program, for cul- (iii) identify practices for all agencies engaging in
turally appropriate services that address barriers to SOGI data collection to follow in order to safeguard
housing for LGBTQI+ individuals, including youth, and privacy, security, and civil rights, including with re-
families, and the high rates of LGBTQI+ youth home- gard to appropriate and robust practices of consent for
lessness. the collection of this data and restrictions on its use or
(b) The Secretary of HHS, through the Assistant Sec- transfer.
retary for Family Support, shall, as appropriate and (c) Within 200 days of the date of this order, the head
consistent with applicable law: of each agency that conducts relevant programs or sta-
(i) use agency guidance, training, and technical as- tistical surveys related to the Federal Evidence Agenda
sistance to implement non-discrimination protections on LGBTQI+ Equity shall submit to the Co-Chairs of
on the basis of sexual orientation and gender identity the Interagency Working Group on Equitable Data a
in programs established pursuant to the Runaway and SOGI Data Action Plan, which shall detail how the
Homeless Youth Act (Public Law 110–378) [title III of agency plans to use SOGI data to advance equity for
Pub. L. 93–415, 34 U.S.C. 11201 et seq.], and ensure that LGBTQI+ individuals and shall identify how the agency
such programs address LGBTQI+ youth homelessness; plans to implement the recommendations in the Fed-
and eral Evidence Agenda on LGBTQI+ Equity.
(ii) coordinate with youth advisory boards funded (d) To support implementation of agency SOGI Data
through the Runaway and Homeless Youth Training Action Plans, the head of each agency shall include in
and Technical Assistance Center and the National Run- the agency’s annual budget submission to the Director
away Safeline to seek input from LGBTQI+ youth who of OMB a request for any necessary funding increases
have experienced homelessness on improving federally to support improved SOGI data practices.
funded services and programs. (e) Within 180 days of the date of this order, to sup-
SEC. 10. Strengthening Supports for LGBTQI+ Older port agencies in appropriately collecting and using
Adults. The Secretary of HHS shall address discrimina- SOGI data, the Director of OMB, through the Chief
tion, social isolation, and health disparities faced by Statistician of the United States, shall publish a report
LGBTQI+ older adults, including by: with recommendations for agencies on the best prac-
(a) developing and publishing guidance on non-dis- tices for the collection of SOGI data on Federal statis-
crimination protections on the basis of sex, including tical surveys, including strategies to preserve data pri-
sexual orientation, gender identity, and sex character- vacy and safety.
istics, and other rights of LGBTQI+ older adults in (f) On an annual basis, the Director of OMB, through
long-term care settings; the Chief Statistician of the United States, shall evalu-
(b) developing and publishing a document parallel to ate the efficacy of SOGI data practices across agencies,
the guidance required by subsection (a) of this section and shall consider whether to update reports, guidance,
in plain language, titled ‘‘Bill of Rights for LGBTQI+ or directives based upon the latest evidence and re-
Older Adults,’’ to support LGBTQI+ older adults and search as needed.
providers in understanding the rights of LGBTQI+ older SEC. 12. Reporting. Within 1 year of the date of this
adults in long-term care settings; order:
(c) considering whether to issue a notice of proposed (a) The Attorney General shall submit a report to the
rulemaking to clarify that LGBTQI+ individuals are in- President through the Assistant to the President for
cluded in the definition of ‘‘greatest social need’’ for Domestic Policy (APDP) detailing progress in imple-
purposes of targeting outreach, service provision, and menting section 5 of this order;
funding under the Older Americans Act [of 1965], 42 (b) The Secretary of HHS shall submit a report to the
U.S.C. 3001 et seq.; and President through the APDP detailing progress in im-
(d) considering ways to improve and increase appro- plementing sections 2 through 7 and 9 through 11 of this
priate data collection on sexual orientation and gender order;
identity in surveys on older adults, including by pro- (c) The Secretary of Education shall submit a report
viding technical assistance to States on the collection to the President through the APDP detailing progress
of such data. in implementing sections 2, 8, and 11 of this order;
SEC. 11. Promoting Inclusive and Responsible Federal (d) The Secretary of HUD shall submit a report to the
Data Collection Practices. (a) Advancing equity and full President through the APDP detailing progress in im-
inclusion for LGBTQI+ individuals requires that the plementing sections 9 and 11 of this order;
Federal Government use evidence and data to measure (e) The Secretary of State shall submit a report to
and address the disparities that LGBTQI+ individuals, the President through the APDP detailing progress in
families, and households face, while safeguarding pri- implementing section 3 of this order;
vacy, security, and civil rights. (f) The Director of OMB shall submit a report to the
(b) To advance the responsible and effective collec- President through the APDP detailing progress in im-
tion and use of data on sexual orientation, gender iden- plementing sections 6 and 11 of this order; and
tity, and sex characteristics (SOGI data), the Co-Chairs (g) The Director of OMB, through the Chief Statisti-
of the Interagency Working Group on Equitable Data cian of the United States, shall submit a report to the
established in Executive Order 13985 of January 20, 2021 President through the APDP detailing progress in im-
(Advancing Racial Equity and Support for Underserved plementing section 11 of this order.
Communities Through the Federal Government) [set SEC. 13. General Provisions. (a) Nothing in this order
out above], shall, within 30 days of the date of this shall be construed to impair or otherwise affect:
order [June 15, 2022], establish a subcommittee on SOGI (i) the authority granted by law to an executive de-
data to coordinate with agencies on strengthening the partment or agency, or the head thereof; or
Federal Government’s collection of SOGI data to ad- (ii) the functions of the Director of the Office of Man-
vance equity for LGBTQI+ individuals. Within 120 days agement and Budget relating to budgetary, administra-
of the date of this order, the subcommittee shall, in co- tive, or legislative proposals.
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 208
(b) This order shall be implemented consistent with wages. We are rebuilding roads and bridges, replacing
applicable law and subject to the availability of appro- the Nation’s lead pipes to provide clean drinking water
priations. for all, delivering access to affordable high-speed inter-
(c) This order is not intended to, and does not, create net to Americans in both rural and urban communities,
any right or benefit, substantive or procedural, enforce- investing in public transit, and reconnecting commu-
able at law or in equity by any party against the nities previously cut off from economic opportunity by
United States, its departments, agencies, or entities, highways, rail lines, or disinvestment. My Administra-
its officers, employees, or agents, or any other person. tion has provided funding to improve accessibility for
J.R. BIDEN, JR. passengers with disabilities on rail systems and in air-
ports, expanded health coverage for millions of Ameri-
EX. ORD. NO. 14091. FURTHER ADVANCING RACIAL EQUITY cans, and expanded home- and community-based serv-
AND SUPPORT FOR UNDERSERVED COMMUNITIES ices so more people with disabilities and older adults
THROUGH THE FEDERAL GOVERNMENT can live independently. We have secured billions of dol-
lars in direct new investments for Tribal Nations and
Ex. Ord. No. 14091, Feb. 16, 2023, 88 F.R. 10825, pro-
Native American communities and have directed an in-
vided:
crease in the share of Federal Government contract
By the authority vested in me as President by the spending awarded to small disadvantaged businesses.
Constitution and the laws of the United States of My Administration has taken action to strengthen pub-
America, it is hereby ordered as follows: lic safety, advance criminal justice reform, correct our
SECTION 1. Policy. On my first day in office, I signed country’s failed approach to marijuana, protect civil
Executive Order 13985 of January 20, 2021 (Advancing rights, and stand up against rising extremism and hate-
Racial Equity and Support for Underserved Commu- fueled violence that threaten the fabric of our democ-
nities Through the Federal Government) [set out racy. We have taken historic steps to advance full
above], which charged the Federal Government with equality for lesbian, gay, bisexual, transgender, queer,
advancing equity for all, including communities that and intersex (LGBTQI+) Americans, including by end-
have long been underserved, and addressing systemic ing the ban on transgender service members in our
racism in our Nation’s policies and programs. By ad- military; prohibiting discrimination based on sexual
vancing equity, the Federal Government can support orientation, gender identity, and sex characteristics
and empower all Americans, including the many com- across Federal programs; and signing into law the Re-
munities in America that have been underserved, dis- spect for Marriage Act (Public Law 117–228) [enacting
criminated against, and adversely affected by per- section 1738C of Title 28, Judiciary and Judicial Proce-
sistent poverty and inequality. We can also deliver re- dure, and provisions set out as notes under section 7 of
sources and benefits equitably to the people of the Title 1, General Provisions, and repealing former sec-
United States and rebuild trust in Government. tion 1738C of Title 28] to preserve protections for the
Over the past 2 years, through landmark legislation— rights of same-sex and interracial couples. My Admin-
including the American Rescue Plan Act of 2021 (Public istration is also implementing the first-ever National
Law 117–2); the bipartisan Infrastructure Investment Strategy on Gender Equity and Equality to ensure that
and Jobs Act (Public Law 117–58) (Bipartisan Infra- all people, regardless of gender, have the opportunity
structure Law); division A of Public Law 117–167, known to realize their full potential.
as the Creating Helpful Incentives to Produce Semi- These transformative achievements have advanced
conductors (CHIPS) Act of 2022; Public Law 117–169, the work of building a more equitable Nation. Yet,
commonly referred to as the Inflation Reduction Act of members of underserved communities—many of whom
2022; and the Bipartisan Safer Communities Act (Public have endured generations of discrimination and dis-
Law 117–159) [see Tables for classifications]—as well as investment—still confront significant barriers to real-
executive action, my Administration has vigorously izing the full promise of our great Nation, and the Fed-
championed racial equity and has advanced equal op- eral Government has a responsibility to remove these
portunity for underserved communities. Executive de- barriers. It is imperative to reject the narrow, cramped
partments and agencies (agencies) have engaged in his- view of American opportunity as a zero-sum game.
toric work assessing how their policies and programs When any person or community is denied freedom, dig-
perpetuate barriers for underserved communities and nity, and prosperity, our entire Nation is held back.
developing strategies for removing those barriers. They But when we lift each other up, we are all lifted up.
have made important progress incorporating an evi- Therefore, my Administration must take additional ac-
dence-based approach to equitable policymaking and tion across the Federal Government—in collaboration
implementation, and they have crafted new action with civil society, the private sector, and State and
plans to advance equity. In short, my Administration local government—to continue the work begun with
has embedded a focus on equity into the fabric of Fed- Executive Order 13985 to combat discrimination and ad-
eral policymaking and service delivery. Our work to vance equal opportunity, including by redressing unfair
transform the way the Federal Government serves the disparities and removing barriers to Government pro-
American people has been complemented by Executive grams and services. Achieving racial equity and sup-
Order 14035 of June 25, 2021 (Diversity, Equity, Inclu- port for underserved communities is not a one-time
sion, and Accessibility in the Federal Workforce) [42 project. It must be a multi-generational commitment,
U.S.C. 2000e note], which continues to help ensure that and it must remain the responsibility of agencies
my Administration—the most diverse in our Nation’s across the Federal Government. It therefore continues
history—reflects the growing diversity of the commu- to be the policy of my Administration to advance an
nities we serve. ambitious, whole-of-government approach to racial eq-
My Administration’s commitment to equity has pro- uity and support for underserved communities and to
duced better decision-making and more equitable out- continuously embed equity into all aspects of Federal
comes. We have delivered the most equitable economic decision-making.
recovery in memory, and, driven by the expanded Child This order builds upon my previous equity-related
Tax Credit, we cut child poverty to its lowest rate on Executive Orders by extending and strengthening eq-
record in 2021, including record low Black, Latino, Na- uity-advancing requirements for agencies, and it posi-
tive American, and rural child poverty. Under my Ad- tions agencies to deliver better outcomes for the Amer-
ministration, the economy has created nearly 11 mil- ican people. In doing so, the Federal Government shall
lion jobs, and we have brought down unemployment na- continue to pursue ambitious goals to build a strong,
tionwide—in particular for Black and Latino workers, fair, and inclusive workforce and economy; invest in
for whom unemployment rates are near 50-year lows. communities where Federal policies have historically
My Administration has provided emergency rental as- impeded equal opportunity—both rural and urban—in
sistance to help millions of families stay in their ways that mitigate economic displacement, expand ac-
homes, and we have prohibited Federal contractors cess to capital, preserve housing and neighborhood af-
from paying people with disabilities subminimum fordability, root out discrimination in the housing
Page 209 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
market, and build community wealth; advance equity Office of Management and Budget (OMB) to ensure that
in health, including mental and behavioral health and the Agency Equity Team has sufficient resources, in-
well-being; deliver an equitable response to the cluding staffing and data collection capacity, to ad-
COVID–19 pandemic; deliver environmental justice and vance the agency’s equity goals. Agency heads shall en-
implement the Justice40 Initiative; build prosperity in sure that their respective Agency Equity Teams serve
rural communities; ensure equitable procurement prac- in an advisory and coordination role on priority agency
tices, including through small disadvantaged busi- actions.
nesses contracting and the Buy Indian Act (25 U.S.C. (b) Establishment of the White House Steering Committee
47); pursue educational equity so that our Nation’s on Equity. There is hereby established a White House
schools put every student on a path to success; improve Steering Committee on Equity (Steering Committee),
our Nation’s criminal justice system to end unjust dis- which shall be chaired by the Assistant to the Presi-
parities, strengthen public safety, and ensure equal jus- dent for Domestic Policy. The Steering Committee
tice under law; promote equity in science and root out shall include senior officials representing policy coun-
bias in the design and use of new technologies, such as cils and offices within the Executive Office of the Presi-
artificial intelligence; protect the right to vote and re- dent, as appropriate. The Steering Committee shall:
alize the promise of our Nation’s civil rights laws; and (i) coordinate Government-wide efforts to advance eq-
promote equity and human rights around the world uity;
through our foreign policy and foreign assistance. By (ii) coordinate an annual process to consult with
redoubling our efforts, the Federal Government can agency heads on their respective agencies’ Equity Ac-
help bridge the gap between the world we see and the tion Plans, established in section 3(a) of this order;
future we seek. (iii) coordinate with the leadership of the White
SEC. 2. Establishing Equity-Focused Leadership Across House Initiatives created by Executive Order 14031 of
the Federal Government. (a) Establishment of Agency Eq- May 28, 2021 (Advancing Equity, Justice, and Oppor-
uity Teams. The Secretary of State, the Secretary of the tunity for Asian Americans, Native Hawaiians, and Pa-
Treasury, the Secretary of Defense, the Attorney Gen- cific Islanders) [42 U.S.C. 3501 note]; Executive Order
eral, the Secretary of the Interior, the Secretary of Ag- 14041 of September 3, 2021 (White House Initiative on
riculture, the Secretary of Commerce, the Secretary of Advancing Educational Equity, Excellence, and Eco-
Labor, the Secretary of Health and Human Services, nomic Opportunity Through Historically Black Col-
the Secretary of Housing and Urban Development, the leges and Universities) [20 U.S.C. 1060 note]; Executive
Secretary of Transportation, the Secretary of Energy, Order 14045 of September 13, 2021 (White House Initia-
the Secretary of Education, the Secretary of Veterans tive on Advancing Educational Equity, Excellence, and
Affairs, the Secretary of Homeland Security, the Ad- Economic Opportunity for Hispanics) [20 U.S.C. 3411
ministrator of the Small Business Administration, the note]; Executive Order 14049 of October 11, 2021 (White
Commissioner of Social Security, the Administrator of House Initiative on Advancing Educational Equity, Ex-
General Services, the Administrator of the United cellence, and Economic Opportunity for Native Ameri-
States Agency for International Development, the Ad- cans and Strengthening Tribal Colleges and Univer-
ministrator of the Environmental Protection Agency, sities) [20 U.S.C. 7401 note]; and Executive Order 14050
the Administrator of the National Aeronautics and of October 19, 2021 (White House Initiative on Advanc-
Space Administration, the Director of the National ing Educational Equity, Excellence, and Economic Op-
Science Foundation, and the Director of the Office of portunity for Black Americans) [20 U.S.C. 3411 note];
Personnel Management (agency heads) shall, within 30 (iv) coordinate with the White House Environmental
days of the date of this order [Feb. 16, 2023], ensure that Justice Interagency Council to ensure that equity and
they have in place an Agency Equity Team within their environmental justice efforts are consistent and mutu-
respective agencies to coordinate the implementation ally reinforcing;
of equity initiatives and ensure that their respective (v) coordinate with the White House Gender Policy
agencies are delivering equitable outcomes for the Council to align efforts to advance gender equity with
American people. broader equity efforts; and
(i) Each Agency Equity Team shall be led by a des- (vi) monitor agencies’ activities and promote ac-
ignated senior official (senior designee) charged with countability to ensure that agencies undertake ambi-
implementing my Administration’s equity initiatives, tious and measurable steps to deliver equitable out-
and shall include senior officials from the office of the comes for the American people.
agency head and the agency’s program, policy, civil SEC. 3. Delivering Equitable Outcomes Through Govern-
rights, regulatory, science, technology, service deliv- ment Policies, Programs, and Activities. Each agency head
ery, financial assistance and grants, data, budget, pro- shall support ongoing implementation of a comprehen-
curement, public engagement, legal, and evaluation of- sive equity strategy that uses the agency’s policy,
fices, as well as the agency’s Chief Diversity Officer, to budgetary, programmatic, service-delivery, procure-
the extent applicable. Agency Equity Teams shall in- ment, data-collection processes, grantmaking, public
clude a combination of competitive service employees, engagement, research and evaluation, and regulatory
as defined by 5 U.S.C. 2102(a), and appointees, as defined functions to enable the agency’s mission and service
in Executive Order 13989 of January 20, 2021 (Ethics delivery to yield equitable outcomes for all Americans,
Commitments by Executive Branch Personnel) [5 including underserved communities.
U.S.C. 7301 note], and, to the extent practicable, shall (a) In September 2023, and on an annual basis there-
build upon and coordinate with the agency’s existing after, concurrent with the agencies’ submission to OMB
structures and processes, including with the agency’s for the President’s Budget, agency heads shall submit
environmental justice officer designated pursuant to an Equity Action Plan to the Steering Committee. The
Executive Order 14008 of January 27, 2021 (Tackling the Equity Action Plan shall include actions to advance eq-
Climate Crisis at Home and Abroad) [42 U.S.C. 4321 uity, including under Executive Order 13985, Executive
note], and with the senior agency official designated to Order 13988 of January 20, 2021 (Preventing and Com-
coordinate with the Gender Policy Council pursuant to bating Discrimination on the Basis of Gender Identity
Executive Order 14020 of March 8, 2021 (Establishment or Sexual Orientation) [42 U.S.C. 2000e note], Executive
of the White House Gender Policy Council) [42 U.S.C. Order 14008, and Executive Order 14020.
2000e note]. (b) Each Equity Action Plan, which shall be made
(ii) The senior designee at each agency shall be re- public, shall include:
sponsible for delivering equitable outcomes, to the ex- (i) an update on the progress made by the agency on
tent consistent with applicable law, and shall report to the actions, performance measures, and milestones
the agency head. highlighted in the preceding year’s Equity Action Plan,
(iii) Each Agency Equity Team shall support contin- as well as the agency’s performance on the annual En-
ued equity training and equity leadership development vironmental Justice Scorecard established pursuant to
for staff across all levels of the agency’s workforce. section 223 of Executive Order 14008, as applicable;
(iv) Each agency’s senior designee shall coordinate (ii) potential barriers that underserved communities
with the agency head, agency budget officials, and the may face in accessing and benefitting from the agen-
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 210
cy’s policies, programs, and activities, including pro- Government-wide guidance (such as OMB Circulars and
curement, contracting, and grant opportunities; Memoranda) to support equitable decision-making, pro-
(iii) strategies, including new or revised policies and mote equitable deployment of financial and technical
programs, to address the barriers described in sub- assistance, and assist agencies in advancing equity, as
section (b)(ii) of this section and to ensure equitable appropriate and wherever possible.
access and opportunity for underserved communities; (b) When designing, developing, acquiring, and using
and artificial intelligence and automated systems in the
(iv) a description of how the agency intends to mean- Federal Government, agencies shall do so, consistent
ingfully engage with underserved communities, includ- with applicable law, in a manner that advances equity.
ing through accessible, culturally and linguistically ap- SEC. 5. Delivering Equitable Outcomes in Partnership
propriate outreach, and the incorporation of the per- with Underserved Communities. Underserved commu-
spectives of those with lived experiences into agency nities often face significant barriers and legacy exclu-
policies, programs, and activities. sions in engaging with agencies and providing input on
(c) Starting with formulation of the Fiscal Year 2025 Federal policies and programs that affect them. Agen-
Budget and for each subsequent year, the Director of cies must increase engagement with underserved com-
OMB shall consider how the President’s Budget can munities by identifying and applying innovative ap-
support the Equity Action Plans described in sub- proaches to improve the quality, frequency, and acces-
section (a) of this section in order to reinforce agency sibility of engagement. Agencies shall, consistent with
efforts to meaningfully engage with and invest in un- applicable law:
derserved communities and advance equitable out- (a) conduct proactive engagement, as appropriate,
comes. with members of underserved communities—for exam-
(d) To ensure effective implementation of Equity Ac- ple, through culturally and linguistically appropriate
tion Plans, and to strengthen the Federal Govern- listening sessions, outreach events, or requests for in-
ment’s equitable delivery of resources and benefits to formation—during development and implementation of
all, agency heads shall: agencies’ respective annual Equity Action Plans, an-
(i) prioritize and incorporate strategies to advance nual budget submissions, grants and funding opportuni-
equity—including by pursuing evidence-based ap- ties, and other actions, including those outlined in sec-
proaches, reducing administrative burdens, increasing tion 3(d) of this order;
access to technical assistance, and implementing equi- (b) collaborate with OMB, as appropriate, to identify
table data practices, consistent with applicable law, and develop tools and methods for engagement with un-
into their respective: derserved communities, including those related to
(A) agency strategic plans developed pursuant to 5 agency budget development and rulemaking;
U.S.C. 306(a); (c) create more flexibilities, incentives, and guide-
(B) agency performance plans developed pursuant lines for recipients of Federal funding and permits to
to 31 U.S.C. 1115 and 1116; proactively engage with underserved communities as
(C) portions of performance plans relating to projects are designed and implemented;
human and capital resource requirements to achieve (d) identify funding opportunities for community-
performance goals pursuant to 31 U.S.C. 1115(b)(5)(A); and faith-based organizations working in and with un-
(D) agency priority goals developed pursuant to 31 derserved communities to improve access to benefits
U.S.C. 1120; and services for members of underserved communities;
(E) evaluation and evidence-building activities pur- and
suant to the Foundations for Evidence-Based Policy- (e) identify and address barriers for individuals with
making Act of 2018 (Public Law 115–435) [see Tables disabilities, as well as older adults, to participate in
for classification] and section 5 of the Presidential the engagement process, including barriers to the ac-
Memorandum of January 27, 2021 (Restoring Trust in cessibility of physical spaces, virtual platforms, presen-
Government Through Scientific Integrity and Evi- tations, systems, training, and documents.
dence-Based Policymaking) [42 U.S.C. 6601 note]; SEC. 6. Creating Economic Opportunity in Rural America
(F) customer experience capacity assessments and and Advancing Urban Equitable Development. (a) Agen-
action plans pursuant to section 280 of OMB Circular cies shall undertake efforts, to the extent consistent
A–11 and Executive Order 14058 of December 13, 2021 with applicable law, to help rural communities identify
(Transforming Federal Customer Experience and and access Federal resources in order to create equi-
Service Delivery to Rebuild Trust in Government) [31 table economic opportunity and advance projects that
U.S.C. 501 note]; build community wealth, including by providing or sup-
(G) selection of items for their respective regu- porting technical assistance; incentivizing the creation
latory agendas and plans pursuant to sections 4(b) of good, high-paying union jobs in rural areas; con-
and (c) of Executive Order 12866 of September 30, 1993 ducting outreach to and soliciting input from rural
(Regulatory Planning and Review) [set out above], as community leaders; and contributing new resources
amended; and support to interagency programs such as the Rural
(H) individual performance plans for senior execu- Partners Network.
tives consistent with 5 U.S.C. 4312, and for other sen- (b) Agencies shall undertake efforts, to the extent
ior employees consistent with 5 U.S.C. 4302; and consistent with applicable law, to strengthen urban eq-
(I) as permitted by law, activities, acquisitions, and uitable development policies and practices, such as ad-
strategies that the Director of OMB determines to be vancing community wealth building projects; pre-
appropriate to further the implementation of this venting physical and economic displacement as the re-
order; sult of Federal investments; facilitating equitable
(ii) identify opportunities, as appropriate and con- flows of private capital, including to underserved com-
sistent with applicable law, to incorporate into new munities; and incorporating outcome-based metrics fo-
regulations and to modify their respective agencies’ cused on urban equitable development in the design and
regulations, internal- and public-facing guidance, and deployment of Federal programs and policies. To sup-
other policies to include advancing equity as part of port these efforts, the Assistant to the President for
their respective agencies’ missions; and Domestic Policy shall issue a policy memorandum on
(iii) promote coordination within and among their re- actions agencies can take to advance urban equitable
spective agencies concerning the elements of their re- development.
spective Equity Action Plans and the recommendations (c) Executive Order 13946 of August 24, 2020 (Targeting
of the Interagency Working Group on Equitable Data Opportunity Zones and Other Distressed Communities
established in Executive Order 13985. for Federal Site Locations) [85 F.R. 52879], including
SEC. 4. Embedding Equity into Government-wide Proc- the amendments it made to Executive Order 12072 of
esses. August 16, 1978 (Federal Space Management) [40 U.S.C.
(a) The Director of OMB shall consider opportunities 121 note], and to Executive Order 13006 of May 21, 1996
to review and update internal processes, directives, and (Locating Federal Facilities on Historic Properties in
Page 211 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
Our Nation’s Central Cities) [40 U.S.C. 3306 note], is re- port on the Subcommittee’s progress to the Steering
voked. Executive Orders 12072 and 13006 are reinstated Committee every January and July.
as they were prior to issuance of Executive Order 13946. SEC. 10. Definitions. For purposes of this order:
Executive Order 13853 of December 12, 2018 (Estab- (a) The term ‘‘equity’’ means the consistent and sys-
lishing the White House Opportunity and Revitaliza- tematic treatment of all individuals in a fair, just, and
tion Council) [42 U.S.C. 5301 note], is also revoked. All impartial manner, including individuals who belong to
agencies shall, consistent with applicable law, includ- communities that often have been denied such treat-
ing the Administrative Procedure Act (5 U.S.C. 551 et ment, such as Black, Latino, Indigenous and Native
seq.), consider taking prompt action to revoke any American, Asian American, Native Hawaiian, and Pa-
rules, regulations, guidelines, or policies implementing cific Islander persons and other persons of color; mem-
these Presidential actions that are inconsistent with bers of religious minorities; women and girls; LGBTQI+
the provisions of this order. Further, agencies shall en- persons; persons with disabilities; persons who live in
sure that planning for new Federal facilities or new rural areas; persons who live in United States Terri-
leases includes consideration of neighborhoods and lo- tories; persons otherwise adversely affected by per-
cations that are near existing employment centers and sistent poverty or inequality; and individuals who be-
are accessible to a broad range of the region’s work- long to multiple such communities.
force and population by public transit (where it exists), (b) The term ‘‘underserved communities’’ refers to
consistent with Executive Order 12072. Agencies shall those populations as well as geographic communities
identify displacement risks associated with Federal fa- that have been systematically denied the opportunity
cility siting and development and shall engage with to participate fully in aspects of economic, social, and
any community that may be affected, along with ap- civic life, as defined in Executive Orders 13985 and 14020.
propriate regional and local officials, to mitigate those (c) The term ‘‘equitable development’’ refers to a
displacement risks. positive development approach that employs processes,
SEC. 7. Advancing Equitable Procurement. (a) The Gov- policies, and programs that aim to meet the needs of
ernment-wide goal for Federal procurement dollars all communities and community members, with a par-
awarded to small business concerns owned and con- ticular focus on underserved communities and popu-
trolled by socially and economically disadvantaged in- lations.
dividuals (SDBs) shall be 15 percent in Fiscal Year 2025. (d) The term ‘‘community wealth building’’ refers to
In furtherance of this goal, OMB shall set a Govern- an approach to economic development that strengthens
ment-wide SDB goal for Fiscal Year 2024. The Small the capacities of underserved communities by ensuring
Business Administration shall, on an annual basis, institutions and local economies have ownership mod-
work with each agency to establish an agency-specific els with greater community participation and control.
goal that, in aggregate, supports the Government-wide This results in upgrading skills, growing entrepreneurs,
goal. Further, agencies shall undertake efforts to in- increasing incomes, expanding net asset ownership, and
crease contracting opportunities for all other small fostering social well-being.
business concerns as described in the Small Business (e) The term ‘‘equitable data’’ refers to data that
Act (15 U.S.C. ch. 14A) [§ 631 et seq.]. allow for rigorous assessment of the extent to which
(b) Agencies shall expand procurement opportunities Government programs and policies yield consistently
for SDBs through Federal financial assistance, con- fair, just, and impartial treatment of all individuals.
sistent with applicable law, under the Bipartisan Infra- (f) The term ‘‘algorithmic discrimination’’ refers to
structure Law, the Inflation Reduction Act of 2022, and instances when automated systems contribute to un-
other Federal financial assistance programs. justified different treatment or impacts disfavoring
SEC. 8. Affirmatively Advancing Civil Rights. Agencies people based on their actual or perceived race, color,
shall comprehensively use their respective civil rights ethnicity, sex (including based on pregnancy, child-
authorities and offices to prevent and address discrimi- birth, and related conditions; gender identity; intersex
nation and advance equity for all, including to increase status; and sexual orientation), religion, age, national
the effects of civil rights enforcement and to increase origin, limited English proficiency, disability, veteran
public awareness of civil rights principles, consistent status, genetic information, or any other classification
with applicable law. Agencies shall consider opportuni- protected by law.
ties to: SEC. 11. General Provisions. (a) Nothing in this order
(a) further elevate their respective civil rights of- shall be construed to impair or otherwise affect:
fices, including by directing that their most senior (i) the authority granted by law to an executive de-
civil rights officer report to the agency head; partment or agency, or the head thereof; or
(b) ensure that their respective civil rights offices are (ii) the functions of the Director of the Office of Man-
consulted on decisions regarding the design, develop- agement and Budget relating to budgetary, administra-
ment, acquisition, and use of artificial intelligence and tive, or legislative proposals.
automated systems; (b) This order shall be implemented consistent with
(c) increase coordination, communication, and en- applicable law and subject to the availability of appro-
gagement with community-based organizations and priations.
civil rights organizations; (c) Agencies not covered by section 2(a) of this order,
(d) increase the capacity, including staffing capacity,
including independent agencies, are strongly encour-
of their respective civil rights offices, in coordination
aged to comply with the provisions of this order.
with OMB;
(d) This order is not intended to, and does not, create
(e) improve accessibility for people with disabilities
any right or benefit, substantive or procedural, enforce-
and improve language access services to ensure that all
able at law or in equity by any party against the
communities can engage with agencies’ respective civil
United States, its departments, agencies, or entities,
rights offices, including by fully implementing Execu-
its officers, employees, or agents, or any other person.
tive Order 13166 of August 11, 2000 (Improving Access to
Services for Persons with Limited English Proficiency) J.R. BIDEN, JR.
[42 U.S.C. 2000d–1 note]; and EX. ORD. NO. 14094. MODERNIZING REGULATORY REVIEW
(f) prevent and remedy discrimination, including by
protecting the public from algorithmic discrimination. Ex. Ord. No. 14094, Apr. 6, 2023, 88 F.R. 21879, provided:
SEC. 9. Further Advancing Equitable Data Practices. The By the authority vested in me as President by the
Office of Science and Technology Policy (OSTP) Na- Constitution and the laws of the United States of
tional Science and Technology Council Subcommittee America, and in order to modernize the regulatory
on Equitable Data shall, to the extent consistent with process to advance policies that promote the public in-
applicable law, coordinate the implementation of rel- terest and address national priorities, it is hereby or-
evant recommendations of the Interagency Working dered as follows:
Group on Equitable Data established in Executive SECTION 1. Improving the Effectiveness of the Regulatory
Order 13985. The Director of OSTP shall provide a re- Review Process. (a) This order supplements and reaf-
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 212
firms the principles, structures, and definitions gov- ing requests initiated by persons not employed by the
erning contemporary regulatory review established in executive branch of the Federal Government regarding
Executive Order 12866 of September 30, 1993 (Regulatory the substance of regulatory actions under OIRA review
Planning and Review) [set out above], and Executive to further the efficiency and effectiveness of such meet-
Order 13563 of January 18, 2011 (Improving Regulation ings. These reforms may include:
and Regulatory Review) [set out above]. Any provisions (A) efforts to ensure access for meeting requesters
of those orders not amended in this order shall remain who have not historically requested such meetings;
in effect. This order also further implements the Presi- (B) discouraging meeting requests that are duplica-
dential Memorandum of January 20, 2021 (Modernizing tive of earlier meetings with OIRA regarding the
Regulatory Review) [86 F.R. 7223]. same regulatory action by the same meeting request-
(b) [Amended Ex. Ord. No. 12866, set out above] ers;
SEC. 2. Affirmative Promotion of Inclusive Regulatory (C) consolidation of meetings by requester, subject
Policy and Public Participation. (a) To the extent prac- matter, or any other consistently applied factors
ticable and consistent with applicable law, regulatory deemed appropriate to improve efficiency and effec-
actions should be informed by input from interested or tiveness; and
affected communities; State, local, territorial, and (D) disclosure of data in an open, machine-readable,
Tribal officials and agencies; interested or affected par- and accessible format that includes the dates and
ties in the private sector and other regulated entities; names of individuals involved in all substantive
those with expertise in relevant disciplines; and the meetings and the subject matter discussed during
public as a whole. Opportunities for public participa- such meetings, as required by section 6(b)(4)(C)(iii) of
tion shall be designed to promote equitable and mean- Executive Order 12866, so as to better facilitate trans-
ingful participation by a range of interested or affected
parency and analysis.
parties, including underserved communities.
SEC. 3. Improving Regulatory Analysis. (a) Regulatory
(b) To inform the regulatory planning process, execu-
analysis should facilitate agency efforts to develop reg-
tive departments and agencies (agencies) shall, to the
extent practicable and consistent with applicable law: ulations that serve the public interest, advance statu-
(i) clarify opportunities for interested persons to pe- tory objectives, and are consistent with Executive
tition for the issuance, amendment, or repeal of a rule Order 12866, Executive Order 13563, and the Presidential
under 5 U.S.C. 553(e); Memorandum of January 20, 2021 (Modernizing Regu-
(ii) endeavor to respond to such petitions efficiently, latory Review). Regulatory analysis, as practicable and
in light of agency judgments of available resources and appropriate, shall recognize distributive impacts and
priorities; and equity, to the extent permitted by law.
(iii) maintain, subject to available resources, a log of (b) Within 1 year of the date of this order [Apr. 6,
such petitions received, and share with the Adminis- 2023], the Director of the Office of Management and
trator of the Office of Information and Regulatory Af- Budget, through the Administrator of OIRA and in con-
fairs (OIRA), upon request, information on the status of sultation with the Chair of the Council of Economic
recently resolved and pending petitions. Advisers and representatives of relevant agencies, shall
(c) To inform the development of regulatory agendas issue revisions to the Office of Management and Budg-
and plans, agencies shall endeavor, as practicable and et’s Circular A–4 of September 17, 2003 (Regulatory
appropriate, to proactively engage interested or af- Analysis), in order to implement the policy set forth in
fected parties, including members of underserved com- subsection (a) of this section.
munities; consumers; workers and labor organizations; SEC. 4. General Provisions. (a) Nothing in this order
program beneficiaries; businesses and regulated enti- shall be construed to impair or otherwise affect:
ties; those with expertise in relevant disciplines; and (i) the authority granted by law to an executive de-
other parties that may be interested or affected. These partment or agency, or the head thereof; or
efforts shall incorporate, to the extent consistent with (ii) the functions of the Director of the Office of Man-
applicable law, best practices for information accessi- agement and Budget relating to budgetary, administra-
bility and engagement with interested or affected par- tive, or legislative proposals.
ties, including, as practicable and appropriate, commu- (b) This order shall be implemented consistent with
nity-based outreach; outreach to organizations that applicable law and subject to the availability of appro-
work with interested or affected parties; use of agency priations.
field offices; use of alternative platforms and media for (c) This order is not intended to, and does not, create
engaging the public; and expansion of public capacity any right or benefit, substantive or procedural, enforce-
for engaging in the rulemaking process. able at law or in equity by any party against the
(d) The Administrator of OIRA, in consultation with United States, its departments, agencies, or entities,
relevant agencies, as appropriate, shall consider guid- its officers, employees, or agents, or any other person.
ance or tools to modernize the notice-and-comment
process, including through technological changes. J.R. BIDEN, JR.
These reforms may include guidance or tools to address EX. ORD. NO. 14123. WHITE HOUSE COUNCIL ON SUPPLY
mass comments, computer-generated comments (such CHAIN RESILIENCE
as those generated through artificial intelligence), and
falsely attributed comments. Ex. Ord. No. 14123, June 14, 2024, 89 F.R. 51949, pro-
(e) Section 6(b)(4) of Executive Order 12866 establishes vided:
a process for persons not employed by the executive By the authority vested in me as President by the
branch of the Federal Government to request meetings Constitution and the laws of the United States of
with OIRA officials regarding the substance of regu- America, it is hereby ordered as follows:
latory actions under OIRA review. Public trust in the SECTION 1. Policy. As described in Executive Order
regulatory process depends on protecting regulatory 14017 of February 24, 2021 (America’s Supply Chains)
development from the risk or appearance of disparate [set out above], it is the policy of my Administration
and undue influence, including in the OIRA review to strengthen the enduring resilience of America’s sup-
process. In order to reduce this risk or appearance, the ply chains. The United States needs resilient, diverse,
Administrator of OIRA shall, to the extent practicable and secure supply chains to ensure our economic pros-
and consistent with applicable law: perity, public health, and national security. Pandemics
(i) Provide information to facilitate the initiation of and other biological threats, cyber attacks, climate
meeting requests regarding regulatory actions under stressors and extreme weather events, transnational
OIRA review from potential participants not employed corruption, terrorist attacks, geopolitical disputes, un-
by the executive branch of the Federal Government fair economic competition, and other disruptive condi-
who have not historically requested such meetings, in- tions can reduce critical infrastructure, manufac-
cluding those from underserved communities; and turing, and processing capacity and the availability of
(ii) Implement reforms to improve procedures and critical goods, materials, and services. Building resil-
policies with respect to OIRA’s consideration of meet- ient American supply chains will necessitate enhancing
Page 213 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
domestic manufacturing capacity, supporting Amer- (xv) the Administrator of the Environmental Protec-
ica’s competitive edge in research and development, en- tion Agency;
couraging innovation, reinforcing critical infrastruc- (xvi) the Director of the Office of Management and
ture, and creating well-paying jobs. Building resilient Budget;
American supply chains will also provide a foundation (xvii) the Director of National Intelligence;
to strengthen prosperity, advance the fight against cli- (xviii) the United States Trade Representative;
mate change, enhance national emergency prepared- (xix) the Chair of the Council of Economic Advisers;
ness, and encourage economic growth across the Na- (xx) the Administrator of the Small Business Admin-
tion. istration;
More resilient supply chains are secure and diverse. (xxi) the Director of the Office of Science and Tech-
Characteristics of resilient supply chains include great- nology Policy;
er domestic production; a diverse and agile supplier (xxii) the Assistant to the President and Homeland
base; built-in redundancies; a reliable transportation Security Advisor;
system; secure critical infrastructure; adequate stock- (xxiii) the Assistant to the President and National
piles; safe and secure data networks; reliable food sys- Climate Advisor;
tems; and a world-class, globally competitive American (xxiv) the National Cyber Director;
manufacturing base and workforce. Close cooperation (xxv) the Senior Advisor to the President for Inter-
on building global supply chain resilience with allies national Climate Policy;
and partners who share our values will foster collective (xxvi) the Chair of the Council on Environmental
economic and national security, encourage innovation, Quality;
and strengthen the capacity to respond to and recover (xxvii) the Administrator of the National Aeronautics
from international disasters and emergencies. and Space Administration;
SEC. 2. Definitions. For purposes of this order: (xxviii) the Administrator of the United States Agen-
(a) ‘‘Agency’’ has the meaning given to that term in cy for International Development;
Executive Order 14017. (xxix) the Director of the Office of Pandemic Pre-
(b) ‘‘Critical goods and materials’’ has the meaning paredness and Response Policy;
given to that term in Executive Order 14017. (xxx) the President of the Export-Import Bank of the
(c) ‘‘Other essential goods, materials, and services’’ United States; and
means goods, materials, and services that are essential (xxxi) the heads of such other agencies and offices as
to national and economic security, emergency pre- the Co-Chairs may from time to time invite to partici-
paredness, or to advance the policy set forth in section pate.
1 of this order, but not included within the definition (b) The Co-Chairs shall invite participation of the
of ‘‘critical goods and materials.’’ Chairman of the Federal Maritime Commission and the
(d) ‘‘Critical infrastructure’’ means assets, systems, Chairman of the Surface Transportation Board to the
and networks, whether physical or virtual, that are so extent consistent with their statutory authorities and
vital to the United States that their incapacitation or obligations.
destruction would have a debilitating effect on na- (c) The Council shall coordinate and promote Federal
tional security, economic security, national public Government efforts to strengthen long-term supply
health or safety, or any combination thereof. chain resilience and American industrial competitive-
SEC. 3. Coordination. (a) This order supplements and ness; identify and provide a coordinated response to ad-
reaffirms the principles governing America’s supply dress supply chain insecurities, threats, and
chains established in Executive Order 14017. Any provi- vulnerabilities, including excessive geographic or sup-
sions of Executive Order 14017 not amended in this plier concentration; and facilitate collaboration by
order shall remain in effect. agencies with allies and partners to foster greater glob-
(b) Notwithstanding section 2 of Executive Order al supply chain resilience. To serve these purposes, the
14017, the Assistant to the President for National Secu- Council shall:
rity Affairs (APNSA) and the Assistant to the Presi- (i) recommend to agencies procedures and best prac-
dent for Economic Policy (APEP) shall coordinate, as tices for agency cooperation and coordination on data
appropriate, the executive branch actions necessary to collection and analysis, especially to the extent that
implement this order through the White House Council agency missions may overlap or intersect, and help fa-
on Supply Chain Resilience (Council) established on cilitate such cooperation and coordination;
November 27, 2023, and further described in section 4 of (ii) identify budgetary and any other resources need-
this order. In coordinating the work of the Council on ed to support supply chain resilience, including re-
issues related to national security, and on other issues sources to build strong and enduring agency capabili-
as they deem appropriate, the APNSA and the APEP ties to identify, address, mitigate, and prevent supply
shall work with the Council in conformance with the chain risks, shocks, and disruptions;
interagency process identified in National Security (iii) recommend administrative actions that would
Memorandum 2 of February 4, 2021 (Renewing the Na- further the policy objectives set forth in section 1 of
tional Security Council System). Executive Order 14017 and in section 1 of this order;
SEC. 4. White House Council on Supply Chain Resilience. (iv) coordinate with other interagency bodies man-
(a) The White House Council on Supply Chain Resil- aging policy areas that affect the integrity of supply
ience residing within the Executive Office of the Presi- chains; and
dent is led by the APNSA and the APEP, who serve as (v) coordinate with agencies, to the extent appro-
Co-Chairs of the Council. In addition to the Co-Chairs, priate and consistent with applicable law, to ensure
the membership of the Council consists of the following that agency operations related to building critical sup-
members: ply chain resilience are conducted in a manner that
(i) the Secretary of State; promotes a fair, open, and competitive marketplace
(ii) the Secretary of the Treasury; and empowers workers to advocate for their rights and
(iii) the Secretary of Defense; quality jobs.
(iv) the Attorney General; (d) The Council shall, as appropriate and consistent
(v) the Secretary of the Interior; with applicable law, consult outside stakeholders—such
(vi) the Secretary of Agriculture; as private industry; academic and educational institu-
(vii) the Secretary of Commerce; tions; non-governmental organizations; labor unions;
(viii) the Secretary of Labor; and State, local, Tribal, and territorial governments—
(ix) the Secretary of Health and Human Services; on an individual basis to help accomplish the policy ob-
(x) the Secretary of Housing and Urban Development; jectives identified in section 1 of this order and in sec-
(xi) the Secretary of Transportation; tion 1 of Executive Order 14017. Any member of the
(xii) the Secretary of Energy; Council that receives a recommendation from a Federal
(xiii) the Secretary of Veterans Affairs; Advisory Committee, as that term is defined in 5 U.S.C.
(xiv) the Secretary of Homeland Security; 1001(2), regarding industrial resilience and competitive-
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 214
ness or supply chain risks, resilience, diversity, or sus- (c) This order is not intended to, and does not, create
tainability shall, as appropriate and consistent with any right or benefit, substantive or procedural, enforce-
applicable law, share that recommendation with the able at law or in equity by any party against the
Council. United States, its departments, agencies, or entities,
(e) The Council shall conduct a quadrennial supply its officers, employees, or agents, or any other person.
chain review of industries critical to national or eco-
J.R. BIDEN, JR.
nomic security. The review shall address the processes
in place to monitor supply chains and the timeliness of EX. ORD. NO. 14126. INVESTING IN AMERICA AND
the associated data. At the conclusion of each review, INVESTING IN AMERICAN WORKERS
the Council shall submit a report to the President, with
the first report submitted no later than December 31, Ex. Ord. No. 14126, Sept. 6, 2024, 89 F.R. 73559, pro-
2024, and subsequent reports submitted every 4 years vided:
thereafter. Where practicable and as appropriate, the By the authority vested in me as President by the
report shall make recommendations concerning: Constitution and the laws of the United States of
(i) Federal incentives and any potential amendments America, it is hereby ordered as follows:
to Federal procurement regulations that may be nec- SECTION 1. Policy. The Federal Government has made
essary to attract and retain private sector investments significant strides in implementing the Investing in
in the supply chains for critical goods and materials America agenda, a historic set of recently enacted laws
and other essential goods, materials, and services as de- aimed at rebuilding American infrastructure, bringing
fined in section 2 of this order, including any new pro- back American manufacturing, and catalyzing a clean
grams that could encourage both domestic and foreign energy economy. That agenda has been furthered by
investment in the supply chains for critical goods and Executive Order 14082 of September 12, 2022 (Implemen-
materials and other essential goods, materials, and tation of the Energy and Infrastructure Provisions of
services; the Inflation Reduction Act of 2022) [26 U.S.C. 1 note],
(ii) a strategic plan that includes diplomatic, eco- and Executive Order 14080 of August 25, 2022 (Implemen-
nomic, security, international development, trade, and tation of the CHIPS Act of 2022) [15 U.S.C. 4651 note]. As
other policy actions to guide United States engagement implementation of the Investing in America agenda
with allies and partners, including through regional continues, it is essential that it supports the creation
economic frameworks or partnerships supported by the of well-paying jobs, especially union jobs, that improve
United States, to strengthen global supply chain resil- opportunities for millions of Americans. Investing in
ience in critical sectors; American workers is critical to growing the economy
(iii) actions for the insulation of Federal supply chain equitably and resiliently, increasing our Nation’s com-
analyses and actions from conflicts of interest, corrup- petitiveness, and ensuring our Nation’s economic secu-
tion, or the appearance of impropriety to ensure con- rity. Workers understand the value of a good job that
tinued integrity and public confidence in supply chain provides economic security for them and their families.
analyses and actions; Many companies also recognize that providing good-
(iv) potential legislative changes that would promote
quality jobs while promoting workers’ free and fair
the policy objectives set forth in section 1 of Executive
choice to join a union makes those companies employ-
Order 14017 and in section 1 of this order;
(v) reforms to domestic and international trade rules ers of choice, creating a clear competitive advantage.
and agreements that could be pursued to support sup- The Federal Government has long promoted high
ply chain resilience, security, diversity, sustainability, labor standards to ensure fair competition, stability,
and strength; and efficiency on federally assisted projects. The use of
(vi) education and workforce reforms needed to high labor standards on federally assisted projects,
strengthen the domestic industrial base for critical such as the use of prevailing wages, project labor agree-
goods and materials and other essential goods, mate- ments, and equal employment opportunity policies,
rials, and services; and dates back almost a century. These tools ensure timely
(vii) steps to ensure that the Federal Government’s and economical completion of projects, provide a reli-
supply chain policies support small businesses and fam- able source of highly skilled workers, support equitable
ily-owned small- and mid-sized farming operations, pre- workforce development, and improve worker health
vent monopolization, strengthen critical infrastruc- and safety on the job, while also improving outcomes
ture, empower workers to advocate for their rights and for the communities in which projects are located. But
quality jobs, consider climate and other health and en- these tools can and should be employed to a greater ex-
vironmental effects, encourage economic growth in un- tent than they have been in the past.
derserved communities and economically distressed For instance, providing incentives for federally as-
areas, and promote the geographic dispersal of eco- sisted projects with high labor standards—including
nomic activity across all regions of the United States. those using collective bargaining agreements, project
(f) Subsection (e) of this section supersedes section labor agreements, and certain community benefits
5(c) of Executive Order 14017. agreements—drives efficient project completion while
(g) Each member of the Council shall designate, with- also supporting high-quality jobs, worker safety, and
in 30 days of the date of this order [June 14, 2024], a sen- broader investment in communities. Ensuring that
ior official within their respective agency or office who workers on federally assisted projects are paid competi-
shall coordinate with the Council and who shall be re- tive and equitable wages will enhance worker produc-
sponsible for overseeing the agency’s or office’s efforts tivity, generate higher-quality work, and reduce turn-
to address supply chain resilience. The Co-Chairs may over, providing value for taxpayers. Promoting
designate Council subgroups consisting of Council inclusivity, with equal opportunity for all qualified
members or their designees, as appropriate. workers, will help ensure that federally assisted
(h) The Council shall meet on a semiannual basis un- projects have the workforce needed to implement the
less the Co-Chairs determine that a meeting is unneces- Investing in America agenda.
sary or that additional meetings are needed. Therefore, it is the policy of my Administration to
(i) Each agency or office shall bear its own expenses
promote the creation of equitable workforce develop-
for participating in the Council.
SEC. 5. General Provisions. (a) Nothing in this order ment pathways for workers to obtain good jobs that
shall be construed to impair or otherwise affect: pay family-sustaining wages, provide critical benefits,
(i) the authority granted by law to an executive de- prevent workplace discrimination, ensure worker safe-
partment or agency, or the head thereof; or ty, and allow workers a free and fair chance to join a
(ii) the functions of the Director of the Office of Man- union.
agement and Budget relating to budgetary, administra- SEC. 2. Definitions. For purposes of this order:
tive, or legislative proposals. (a) The term ‘‘implementing agencies’’ means the De-
(b) This order shall be implemented consistent with partment of the Interior, the Department of Agri-
applicable law and subject to the availability of appro- culture, the Department of Commerce, the Department
priations. of Labor, the Department of Housing and Urban Devel-
Page 215 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
opment, the Department of Transportation, the Depart- (b) Prioritize projects that enhance worker produc-
ment of Energy, the Department of Education, the De- tivity by promoting family-sustaining wages. Examples
partment of Homeland Security, and the Environ- of policies that implementing agencies could consider
mental Protection Agency. encouraging applicants to adopt, as appropriate, may
(b) The term ‘‘community benefits agreement’’ means include: payment of wages tied to a particular metric—
an agreement signed by a developer and one or more such as wages not less than prevailing wages, the upper
community benefit groups—coalitions that are com- quartile of industry pay, or union pattern wage scales—
posed of neighborhood associations, faith-based organi- including for workers in the care workforce, that is, in-
zations, unions, environmental groups, or other stake- dividuals working in the fields of child care and long-
holders—that identifies the community benefits a de- term care; policies to promote equal pay and eliminate
veloper agrees to deliver in return for community sup- discriminatory pay practices, such as transparency
port of the project. measures; and other policies aligned with the Good
(c) The term ‘‘Federal financial assistance’’ means Jobs Principles established by the Department of Com-
funds obtained from the Federal Government or bor- merce and the Department of Labor on June 21, 2022.
rowed on the credit of the Federal Government pursu- (c) Prioritize projects that supply critical benefits
ant to grants (whether formula or discretionary), loans, that promote economic security for workers, such as
or rebates, or projects undertaken pursuant to any Fed- paid leave (including paid sick, family, and medical
eral program involving such grants, loans, or rebates. leave); health care; retirement benefits; and child, de-
(d) The term ‘‘Investing in America agenda’’ means pendent, and elder care.
the American Rescue Plan Act of 2021 (Public Law (d) Prioritize projects that promote and expand ac-
117–2); the Infrastructure Investment and Jobs Act cess to, and put in place policies that combat discrimi-
(Public Law 117–58); division A of Public Law 117–167, nation that limits employment in, high-quality jobs for
known as the Creating Helpful Incentives to Produce workers from underserved communities. Examples of
Semiconductors (CHIPS) Act of 2022; and Public Law policies that implementing agencies could consider en-
117–169, commonly referred to as the Inflation Reduc- couraging applicants to adopt, as appropriate, may in-
tion Act of 2022 [see Tables for classification]. clude: workforce plans that contain strategies for re-
(e) The term ‘‘pre-apprenticeship program’’ has the cruiting, hiring, and retaining workers from under-
meaning given to that term in 29 CFR 30.2. served and local communities; policies that help pre-
(f) The term ‘‘pre-award processes’’ means the nego- vent workplace discrimination and harassment, includ-
tiations, interactions, and other communications be- ing through reporting structures and ongoing training;
tween an implementing agency and an applicant after and participation in programs designed to support com-
proposal submission and prior to award. pliance with existing equal employment opportunity
(g) The term ‘‘project labor agreement’’ means a pre- obligations under Executive Order 11246 of September
hire collective bargaining agreement with one or more 24, 1965 (Equal Employment Opportunity) [42 U.S.C.
labor organizations that establishes the terms and con- 2000e note], as amended, section 503 of the Rehabilita-
ditions of employment for a specific construction tion Act of 1973 (Public Law 93–112) [29 U.S.C. 793], the
project and is an agreement described in 29 U.S.C. Vietnam Era Veterans’ Readjustment Assistance Act of
158(f). 1972 (Public Law 92–540) [see Tables for classification],
(h) The term ‘‘registered apprenticeship’’ means an
as amended, and their implementing regulations.
industry-driven career pathway through which employ- (e) Prioritize projects that strengthen workforce de-
ers can develop and prepare their future workforces and velopment by expanding worker access to high-quality
individuals can obtain paid training; work experience; training and portable credentials that lead to good
progressive wage increases; classroom instruction; and jobs. Examples of policies that implementing agencies
a portable, nationally recognized credential. A reg- could consider encouraging applicants to adopt, as ap-
istered apprenticeship must meet the requirements for propriate, may include: the use of joint labor-manage-
registration as set forth in 29 CFR parts 29 and 30. ment partnerships that invest in union-affiliated train-
(i) The term ‘‘underserved communities’’ refers to
ing programs, registered apprenticeships, and pre-ap-
those populations as well as geographic communities
prenticeship programs that matriculate to registered
that have been systematically denied the opportunity
apprenticeships; partnerships with organizations that
to participate fully in aspects of economic, social, and
deliver training such as community colleges, career
civic life, as defined in section 2 of Executive Order
and technical education programs, disability service
13985 of January 20, 2021 (Advancing Racial Equity and organizations, the public workforce system, and the
Support for Underserved Communities Through the American Climate Corps; and the provision of sup-
Federal Government) [5 U.S.C. 601 note], section 6 of portive services necessary to complete training such as
Executive Order 14020 of March 8, 2021 (Establishment child care and transportation assistance.
of the White House Gender Policy Council) [42 U.S.C. (f) Prioritize projects that promote and protect work-
2000e note], and section 10 of Executive Order 14091 of er health and safety through policies that encourage
February 16, 2023 (Further Advancing Racial Equity supplemental safety training, worker and union par-
and Support for Underserved Communities Through the ticipation in the design and implementation of work-
Federal Government) [5 U.S.C. 601 note], and addition- place safety and health management systems, and dis-
ally includes formerly incarcerated individuals. closure of occupational safety and health violations.
(j) The term ‘‘public workforce system’’ has the SEC. 4. Implementation Approach. (a) Implementing
meaning given to the term ‘‘workforce development agencies shall, as appropriate and consistent with ap-
system’’ in 29 U.S.C. 3102(67). plicable law, consider the following strategies in con-
SEC. 3. Implementation Priorities. In selecting projects nection with their Federal financial assistance pro-
for receiving Federal financial assistance from the In- grams to promote the implementation priorities identi-
vesting in America agenda, implementing agencies fied in section 3 of this order:
shall consider actions that, as appropriate and con- (i) including application evaluation criteria or selec-
sistent with applicable law: tion factors that prioritize applicants that adopt or
(a) Prioritize projects for selection that provide a provide a specific plan to adopt those priorities;
clear plan for efficient project delivery by promoting (ii) publishing best practice guides and other guid-
positive labor-management relations. Examples of in- ance to applicants to promote and implement those pri-
struments and policies that implementing agencies orities, including guides on what types of Federal fi-
could consider encouraging applicants to adopt, as ap- nancial assistance can be used for workforce develop-
propriate, may include: project labor agreements, com- ment, such as supportive services;
munity benefits agreements, collective bargaining (iii) engaging with applicants, where appropriate,
agreements, agreements intended to ensure the unin- during pre-award processes to ensure that applicants
terrupted delivery of services, agreements designed to understand the benefits of those priorities for key pro-
facilitate first collective bargaining agreements, vol- grams and projects;
untary union recognition, and neutrality by the em- (iv) collecting relevant data to demonstrate funding
ployer with respect to union organizing. recipients’ progress, including by:
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 216
(A) requesting in funding notices or through other vide technical assistance to implementing agencies in
appropriate mechanisms that applicants address a se- implementing these best practices;
ries of ‘‘yes’’ or ‘‘no’’ questions regarding the imple- (ii) support implementing agencies as they develop
mentation of those priorities to ensure transparency expertise in promoting efficient project delivery while
of labor practices and commitments; also driving the creation of high-quality jobs; and
(B) using existing compliance practices (such as the (iii) engage in other appropriate activities as deter-
collection of certified payrolls when applicable) to mined by the Task Force, consistent with applicable
collect detailed data on job quality, equity, and law, to support effective implementation of this order.
worker empowerment; and SEC. 6. General Provisions. (a) Nothing in this order
(C) requesting reporting on key metrics and encour- shall be construed to impair or otherwise affect:
aging voluntary public reporting of additional rel- (i) the authority granted by law to an executive de-
evant metrics developed by the implementing agency; partment or agency, or the head thereof; or
(v) promoting compliance with Federal law and com- (ii) the functions of the Director of the Office of Man-
mitments made by applicants, including, as appro- agement and Budget relating to budgetary, administra-
priate, referring alleged violations of law to other exec- tive, or legislative proposals.
utive departments and agencies for a determination of (b) This order shall be implemented consistent with
whether circumstances warrant the issuance of finan- applicable law and subject to the availability of appro-
cial penalties or collection of relief for workers priations.
harmed, withholding further Federal financial assist- (c) This order is not intended to, and does not, create
ance pending correction of a deficiency, recovery of any right or benefit, substantive or procedural, enforce-
some or all Federal funds, or debarment; and able at law or in equity by any party against the
(vi) supporting program staff and developing imple- United States, its departments, agencies, or entities,
menting agency expertise, including by consulting the its officers, employees, or agents, or any other person.
Department of Labor and implementing agency labor J.R. BIDEN, JR.
advisors, to train program staff on how to implement
those priorities and ensure that staff have the expertise REGULATORY REFORM—WAIVER OF PENALTIES AND
needed to support the creation of good jobs through REDUCTION OF REPORTS
each phase of project delivery on federally assisted
Memorandum of President of the United States, Apr.
projects.
21, 1995, 60 F.R. 20621, provided:
(b) Implementing agencies shall carry out their re-
Memorandum for
sponsibilities under this order consistent with their re-
The Secretary of State
sponsibilities under the Justice40 Initiative set forth in
The Secretary of the Treasury
Executive Order 14008 of January 27, 2021 (Tackling the
The Secretary of Defense
Climate Crisis at Home and Abroad) [42 U.S.C. 4321
The Attorney General
note].
The Secretary of the Interior
SEC. 5. Investing in Good Jobs Task Force. (a) There is
The Secretary of Agriculture
established within the Executive Office of the Presi-
The Secretary of Commerce
dent the Investing in Good Jobs Task Force (Task
The Secretary of Labor
Force). The function of the Task Force is to coordinate
The Secretary of Health and Human Services
policy development that supports efficient project de-
The Secretary of Housing and Urban Development
livery while also driving the creation of high-quality
The Secretary of Transportation
jobs and to otherwise support the effective implemen-
The Secretary of Energy
tation of this order. The Task Force shall be co-chaired
The Secretary of Education
by the Secretary of Labor and the Assistant to the
The Secretary of Veterans Affairs
President for Economic Policy and Director of the Na-
The Administrator, Environmental Protection
tional Economic Council or their designees.
Agency
(b) In addition to the Co-Chairs, the Task Force shall
The Administrator, Small Business Administration
consist of the following members or their designees:
(i) the Secretary of the Interior; The Secretary of the Army
(ii) the Secretary of Agriculture; The Secretary of the Navy
(iii) the Secretary of Commerce; The Secretary of the Air Force
(iv) the Secretary of Housing and Urban Develop- The Director, Federal Emergency Management
ment; Agency
(v) the Secretary of Transportation; The Administrator, National Aeronautics and Space
(vi) the Secretary of Energy; Administration
(vii) the Secretary of Education; The Director, National Science Foundation
(viii) the Secretary of Homeland Security; The Acting Archivist of the United States
(ix) the Administrator of the Environmental Protec- The Administrator of General Services
tion Agency; The Chair, Railroad Retirement Board
(x) the Assistant to the President and National Cli- The Chairperson, Architectural and Transportation
mate Advisor; Barriers Compliance Board
(xi) the Senior Advisor to the President for Inter- The Executive Director, Pension Benefit Guaranty
national Climate Policy; Corporation
(xii) the Chair of the Council on Environmental Qual- On March 16, I announced that the Administration
ity; would implement new policies to give compliance offi-
(xiii) the Chair of the Council of Economic Advisers; cials more flexibility in dealing with small business
(xiv) the Assistant to the President and Director of and to cut back on paperwork. These Governmentwide
the Domestic Policy Council; policies, as well as the specific agency actions I an-
(xv) the Assistant to the President and Director of nounced, are part of this Administration’s continuing
the Gender Policy Council; and commitment to sensible regulatory reform. With your
(xvi) the heads of other executive departments, agen- help and cooperation, we hope to move the Government
cies, and offices as the Co-Chairs may from time to toward a more flexible, effective, and user friendly ap-
time invite to participate. proach to regulation.
(c) The Task Force shall assist implementing agen- A. Actions: This memorandum directs the designated
cies in promoting the implementation priorities identi- department and agency heads to implement the poli-
fied in section 3 of this order. To do so, the Task Force cies set forth below.
shall: 1. Authority to Waive Penalties. (a) To the extent per-
(i) share and, as appropriate, develop best practices mitted by law, each agency shall use its discretion to
related to promoting adoption of the implementation modify the penalties for small businesses in the fol-
priorities identified in section 3 of this order, and pro- lowing situations. Agencies shall exercise their en-
Page 217 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
forcement discretion to waive the imposition of all or sage about what the Government is doing, what it re-
a portion of a penalty when the violation is corrected quires, and what services it offers. Plain language saves
within a time period appropriate to the violation in the Government and the private sector time, effort, and
question. For those violations that may take longer to money.
correct than the period set by the agency, the agency Plain language requirements vary from one docu-
shall use its enforcement discretion to waive up to 100 ment to another, depending on the intended audience.
percent of the financial penalties if the amounts Plain language documents have logical organization,
waived are used to bring the entity into compliance. easy-to-read design features, and use:
The provisions in paragraph 1(a) of this memorandum • common, everyday words, except for necessary tech-
shall apply only where there has been a good faith ef- nical terms;
fort to comply with applicable regulations and the vio- • ‘‘you’’ and other pronouns;
lation does not involve criminal wrongdoing or signifi- • the active voice; and
cant threat to health, safety, or the environment. • short sentences.
(b) Each agency shall, by June 15, 1995, submit a plan To ensure the use of plain language, I direct you to
to the Director of the Office of Management and Budget do the following:
(‘‘Director’’) describing the actions it will take to im- • By October 1, 1998, use plain language in all new
plement the policies in paragraph 1(a) of this memo- documents, other than regulations, that explain
randum. The plan shall provide that the agency will how to obtain a benefit or service or how to comply
implement the policies described in paragraph 1(a) of with a requirement you administer or enforce. For
this memorandum on or before July 14, 1995. Plans example, these documents may include letters,
should include information on how notification will be forms, notices, and instructions. By January 1, 2002,
given to frontline workers and small businesses. all such documents created prior to October 1, 1998,
2. Cutting Frequency of Reports. (a) Each agency shall must also be in plain language.
reduce by one-half the frequency of the regularly • By January 1, 1999, use plain language in all pro-
scheduled reports that the public is required, by rule or posed and final rulemaking documents published in
by policy, to provide to the Government (from quar- the Federal Register, unless you proposed the rule
terly to semiannually, from semiannually to annually, before that date. You should consider rewriting ex-
etc.), unless the department or agency head determines isting regulations in plain language when you have
that such action is not legally permissible; would not the opportunity and resources to do so.
adequately protect health, safety, or the environment; The National Partnership for Reinventing Govern-
would be inconsistent with achieving regulatory flexi- ment will issue guidance to help you comply with these
bility or reducing regulatory burdens; or would impede directives and to explain more fully the elements of
the effective administration of the agency’s program. plain language. You should also use customer feedback
The duty to make such determinations shall be non- and common sense to guide your plain language efforts.
delegable. I ask the independent agencies to comply with these
(b) Each agency shall, by June 15, 1995, submit a plan directives.
to the Director describing the actions it will take to This memorandum does not confer any right or ben-
implement the policies in paragraph 2(a), including a efit enforceable by law against the United States or its
copy of any determination that certain reports are ex- representatives. The Director of the Office of Manage-
cluded. ment and Budget will publish this memorandum in the
B. Application and Scope: 1. The Director may issue Federal Register.
further guidance as necessary to carry out the purposes WILLIAM J. CLINTON.
of this memorandum.
2. This memorandum does not apply to matters re- PREEMPTION
lated to law enforcement, national security, or foreign Memorandum of President of the United States, May
affairs, the importation or exportation of prohibited or 20, 2009, 74 F.R. 24693, provided:
restricted items, Government taxes, duties, fees, reve- Memorandum for the Heads of Executive Depart-
nues, or receipts; nor does it apply to agencies (or com- ments and Agencies
ponents thereof) whose principal purpose is the collec- From our Nation’s founding, the American constitu-
tion, analysis, and dissemination of statistical infor- tional order has been a Federal system, ensuring a
mation. strong role for both the national Government and the
3. This memorandum is not intended, and should not States. The Federal Government’s role in promoting
be construed, to create any right or benefit, sub- the general welfare and guarding individual liberties is
stantive or procedural, enforceable at law by a party critical, but State law and national law often operate
against the United States, its agencies, its officers, or concurrently to provide independent safeguards for the
its employees. public. Throughout our history, State and local govern-
4. The Director of the Office of Management and ments have frequently protected health, safety, and the
Budget is authorized and directed to publish this environment more aggressively than has the national
memorandum in the Federal Register. Government.
WILLIAM J. CLINTON. An understanding of the important role of State gov-
[References to the Director of the Federal Emergency ernments in our Federal system is reflected in long-
Management Agency to be considered to refer and standing practices by executive departments and agen-
apply to the Administrator of the Federal Emergency cies, which have shown respect for the traditional pre-
Management Agency, see section 612(c) of Pub. L. rogatives of the States. In recent years, however, not-
109–295, set out as a note under section 313 of Title 6, withstanding Executive Order 13132 of August 4, 1999
Domestic Security.] (Federalism), executive departments and agencies have
sometimes announced that their regulations preempt
PLAIN LANGUAGE IN GOVERNMENT WRITING
State law, including State common law, without ex-
Memorandum of President of the United States, June plicit preemption by the Congress or an otherwise suffi-
1, 1998, 63 F.R. 31885, provided: cient basis under applicable legal principles.
Memorandum for the Heads of Executive Depart- The purpose of this memorandum is to state the gen-
ments and Agencies eral policy of my Administration that preemption of
The Vice President and I have made reinventing the State law by executive departments and agencies
Federal Government a top priority of my Administra- should be undertaken only with full consideration of
tion. We are determined to make the Government more the legitimate prerogatives of the States and with a
responsive, accessible, and understandable in its com- sufficient legal basis for preemption. Executive depart-
munications with the public. ments and agencies should be mindful that in our Fed-
The Federal Government’s writing must be in plain eral system, the citizens of the several States have dis-
language. By using plain language, we send a clear mes- tinctive circumstances and values, and that in many
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 218
instances it is appropriate for them to apply to them- Greater disclosure of regulatory compliance informa-
selves rules and principles that reflect these cir- tion fosters fair and consistent enforcement of impor-
cumstances and values. As Justice Brandeis explained tant regulatory obligations. Such disclosure is a crit-
more than 70 years ago, ‘‘[i]t is one of the happy inci- ical step in encouraging the public to hold the Govern-
dents of the federal system that a single courageous ment and regulated entities accountable. Sound regu-
state may, if its citizens choose, serve as a laboratory; latory enforcement promotes the welfare of Americans
and try novel social and economic experiments without in many ways, by increasing public safety, improving
risk to the rest of the country.’’ working conditions, and protecting the air we breathe
To ensure that executive departments and agencies and the water we drink. Consistent regulatory enforce-
include statements of preemption in regulations only ment also levels the playing field among regulated en-
when such statements have a sufficient legal basis: tities, ensuring that those that fail to comply with the
1. Heads of departments and agencies should not in- law do not have an unfair advantage over their law-
clude in regulatory preambles statements that the de- abiding competitors. Greater agency disclosure of com-
partment or agency intends to preempt State law pliance and enforcement data will provide Americans
through the regulation except where preemption provi- with information they need to make informed deci-
sions are also included in the codified regulation. sions. Such disclosure can lead the Government to hold
2. Heads of departments and agencies should not in- itself more accountable, encouraging agencies to iden-
clude preemption provisions in codified regulations ex- tify and address enforcement gaps.
cept where such provisions would be justified under Accordingly, I direct the following:
legal principles governing preemption, including the First, agencies with broad regulatory compliance and
principles outlined in Executive Order 13132. administrative enforcement responsibilities, within 120
3. Heads of departments and agencies should review days of this memorandum, to the extent feasible and
regulations issued within the past 10 years that contain permitted by law, shall develop plans to make public
statements in regulatory preambles or codified provi- information concerning their regulatory compliance
sions intended by the department or agency to preempt and enforcement activities accessible, downloadable,
State law, in order to decide whether such statements and searchable online. In so doing, agencies should
or provisions are justified under applicable legal prin- prioritize making accessible information that is most
ciples governing preemption. Where the head of a de- useful to the general public and should consider the use
partment or agency determines that a regulatory state- of new technologies to allow the public to have access
ment of preemption or codified regulatory provision to real-time data. The independent agencies are en-
cannot be so justified, the head of that department or couraged to comply with this directive.
agency should initiate appropriate action, which may Second, the Federal Chief Information Officer and the
include amendment of the relevant regulation. Chief Technology Officer shall work with appropriate
Executive departments and agencies shall carry out counterparts in each agency to make such data avail-
the provisions of this memorandum to the extent per- able online in searchable form, including on centralized
mitted by law and consistent with their statutory au- platforms such as data.gov, in a manner that facilitates
thorities. Heads of departments and agencies should easy access, encourages cross-agency comparisons, and
consult as necessary with the Attorney General and the engages the public in new and creative ways of using
Office of Management and Budget’s Office of Informa- the information.
tion and Regulatory Affairs to determine how the re- Third, the Federal Chief Information Officer and the
quirements of this memorandum apply to particular Chief Technology Officer, in coordination with the Di-
situations. rector of the Office of Management and Budget (OMB)
This memorandum is not intended to, and does not, and their counterparts in each agency, shall work to
create any right or benefit, substantive or procedural, explore how best to generate and share enforcement
enforceable at law or in equity by any party against and compliance information across the Government,
the United States, its departments, agencies, or enti- consistent with law. Such data sharing can assist with
ties, its officers, employees, or agents, or any other agencies’ risk-based approaches to enforcement: A lack
person. of compliance in one area by a regulated entity may in-
The Director of the Office of Management and Budget dicate a need for examination and closer attention by
is authorized and directed to publish this memorandum another agency. Efforts to share data across agencies,
in the Federal Register. where appropriate and permitted by law, may help to
BARACK OBAMA. promote flexible and coordinated enforcement regimes.
This memorandum is not intended to, and does not,
REGULATORY COMPLIANCE create any right or benefit, substantive or procedural,
Memorandum of President of the United States, Jan. enforceable at law or in equity by any party against
18, 2011, 76 F.R. 3825, provided: the United States, its departments, agencies, or enti-
Memorandum for the Heads of Executive Depart- ties, its officers, employees, or agents, or any other
ments and Agencies person. Nothing in this memorandum shall be con-
My Administration is committed to enhancing effec- strued to impair or otherwise affect the functions of
tiveness and efficiency in Government. Pursuant to the the Director of the Office of Management and Budget
Memorandum on Transparency and Open Government, relating to budgetary, administrative, or legislative
issued on January 21, 2009, executive departments and proposals.
agencies (agencies) have been working steadily to pro- The Director of OMB is authorized and directed to
mote accountability, encourage collaboration, and pro- publish this memorandum in the Federal Register.
vide information to Americans about their Govern- BARACK OBAMA.
ment’s activities.
REGULATORY FLEXIBILITY, SMALL BUSINESS, AND JOB
To that end, much progress has been made toward
CREATION
strengthening our democracy and improving how Gov-
ernment operates. In the regulatory area, several agen- Memorandum of President of the United States, Jan.
cies, such as the Department of Labor and the Environ- 18, 2011, 76 F.R. 3827, provided:
mental Protection Agency, have begun to post online Memorandum for the Heads of Executive Depart-
(at ogesdw.dol.gov and www.epa-echo.gov), and to make ments and Agencies
readily accessible to the public, information con- Small businesses play an essential role in the Amer-
cerning their regulatory compliance and enforcement ican economy; they help to fuel productivity, economic
activities, such as information with respect to adminis- growth, and job creation. More than half of all Ameri-
trative inspections, examinations, reviews, warnings, cans working in the private sector either are employed
citations, and revocations (but excluding law enforce- by a small business or own one. During a recent 15-year
ment or otherwise sensitive information about ongoing period, small businesses created more than 60 percent
enforcement actions). of all new jobs in the Nation.
Page 219 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
Although small businesses and new companies pro- • partial or total exemptions.
vide the foundations for economic growth and job cre- I further direct that whenever an executive agency
ation, they have faced severe challenges as a result of chooses, for reasons other than legal limitations, not to
the recession. One consequence has been the loss of sig- provide such flexibility in a proposed or final rule that
nificant numbers of jobs. is likely to have a significant economic impact on a
The Regulatory Flexibility Act (RFA), 5 U.S.C. substantial number of small entities, it should explic-
601–612, establishes a deep national commitment to itly justify its decision not to do so in the explanation
achieving statutory goals without imposing unneces- that accompanies that proposed or final rule.
sary burdens on the public. The RFA emphasizes the Adherence to these requirements is designed to en-
importance of recognizing ‘‘differences in the scale and sure that regulatory actions do not place unjustified
resources of regulated entities’’ and of considering ‘‘al- economic burdens on small business owners and other
ternative regulatory approaches . . . which minimize small entities. If regulations are preceded by careful
the significant economic impact of rules on small busi- analysis, and subjected to public comment, they are
nesses, small organizations, and small governmental less likely to be based on intuition and guesswork and
jurisdictions.’’ 5 U.S.C. 601 note. more likely to be justified in light of a clear under-
To promote its central goals, the RFA imposes a se- standing of the likely consequences of alternative
ries of requirements designed to ensure that agencies courses of action. With that understanding, agencies
produce regulatory flexibility analyses that give care- will be in a better position to protect the public while
ful consideration to the effects of their regulations on avoiding excessive costs and paperwork.
small businesses and explore significant alternatives in This memorandum is not intended to, and does not,
order to minimize any significant economic impact on create any right or benefit, substantive or procedural,
small businesses. Among other things, the RFA re-
enforceable at law or in equity by any party against
quires that when an agency proposing a rule with such
the United States, its departments, agencies, or enti-
impact is required to provide notice of the proposed
ties, its officers, employees, or agents, or any other
rule, it must also produce an initial regulatory flexi-
person. Nothing in this memorandum shall be con-
bility analysis that includes discussion of significant
strued to impair or otherwise affect the functions of
alternatives. Significant alternatives include the use of
the Director of the Office of Management and Budget
performance rather than design standards; simplifica-
relating to budgetary, administrative, or legislative
tion of compliance and reporting requirements for
proposals.
small businesses; establishment of different timetables
The Director of the Office of Management and Budget
that take into account the resources of small busi-
nesses; and exemption from coverage for small busi- is authorized and directed to publish this memorandum
nesses. in the Federal Register.
Consistent with the goal of open government, the BARACK OBAMA.
RFA also encourages public participation in and trans-
parency about the rulemaking process. Among other MODERNIZING FEDERAL INFRASTRUCTURE REVIEW AND
things, the statute requires agencies proposing rules PERMITTING REGULATIONS, POLICIES, AND PROCEDURES
with a significant economic impact on small businesses Memorandum of President of the United States, May
to provide an opportunity for public comment on any 17, 2013, 78 F.R. 30733, provided:
required initial regulatory flexibility analysis, and gen- Memorandum for the Heads of Executive Depart-
erally requires agencies promulgating final rules with ments and Agencies
such significant economic impact to respond, in a final Reliable, safe, and resilient infrastructure is the
regulatory flexibility analysis, to comments filed by backbone of an economy built to last. Investing in our
the Chief Counsel for Advocacy of the Small Business Nation’s infrastructure serves as an engine for job cre-
Administration. ation and economic growth, while bringing immediate
My Administration is firmly committed to elimi- and long-term economic benefits to communities
nating excessive and unjustified burdens on small busi- across the country. The quality of our infrastructure is
nesses, and to ensuring that regulations are designed critical to maintaining our Nation’s competitive edge
with careful consideration of their effects, including in a global economy and to securing our path to energy
their cumulative effects, on small businesses. Execu- independence. In taking steps to improve our infra-
tive Order 12866 of September 30, 1993, as amended, structure, we must remember that the protection and
states, ‘‘Each agency shall tailor its regulations to im- continued enjoyment of our Nation’s environmental,
pose the least burden on society, including individuals, historical, and cultural resources remain an equally
businesses of differing sizes, and other entities (includ- important driver of economic opportunity, resiliency,
ing small communities and governmental entities), and quality of life.
consistent with obtaining the regulatory objectives, Through the implementation of Executive Order 13604
taking into account, among other things, and to the ex- of March 22, 2012 (Improving Performance of Federal
tent practicable, the costs of cumulative regulations.’’ Permitting and Review of Infrastructure Projects), ex-
In the current economic environment, it is especially
ecutive departments and agencies (agencies) have
important for agencies to design regulations in a cost-
achieved better outcomes for communities and the en-
effective manner consistent with the goals of pro-
vironment and realized substantial time savings in re-
moting economic growth, innovation, competitiveness,
view and permitting by prioritizing the deployment of
and job creation.
Accordingly, I hereby direct executive departments resources to specific sectors and projects, and by imple-
and agencies and request independent agencies, when menting best-management practices.
initiating rulemaking that will have a significant eco- These best-management practices include: inte-
nomic impact on a substantial number of small enti- grating project reviews among agencies with permit-
ties, to give serious consideration to whether and how ting responsibilities; ensuring early coordination with
it is appropriate, consistent with law and regulatory other Federal agencies, as well as with State, local, and
objectives, to reduce regulatory burdens on small busi- tribal governments; strategically engaging with, and
nesses, through increased flexibility. As the RFA recog- conducting outreach to, stakeholders; employing
nizes, such flexibility may take many forms, including: project-planning processes and individual project de-
• extended compliance dates that take into account signs that consider local and regional ecological plan-
the resources available to small entities; ning goals; utilizing landscape- and watershed-level
• performance standards rather than design stand- mitigation practices; promoting the sharing of sci-
ards; entific and environmental data in open-data formats to
• simplification of reporting and compliance require- minimize redundancy, facilitate informed project plan-
ments (as, for example, through streamlined forms and ning, and identify data gaps early in the review and
electronic filing options); permitting process; promoting performance-based per-
• different requirements for large and small firms; mitting and regulatory approaches; expanding the use
and of general permits where appropriate; improving trans-
§ 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 220
parency and accountability through the electronic (4) create process efficiencies, including additional
tracking of review and permitting schedules; and ap- use of concurrent and integrated reviews;
plying best environmental and cultural practices as set (5) identify opportunities to use existing share-in-
forth in existing statutes and policies. cost authorities and other non-appropriated funding
Based on the process and policy improvements that sources to support early coordination and project re-
are already being implemented across the Federal Gov- view;
ernment, we can continue to modernize the Federal (6) effectively engage the public and interested
Government’s review and permitting of infrastructure stakeholders;
projects and reduce aggregate timelines for major in- (7) expand coordination with State, local, and tribal
frastructure projects by half, while also improving out- governments;
comes for communities and the environment by insti- (8) strategically expand the use of information
tutionalizing these best-management practices, and by technology (IT) tools and identify priority areas for
making additional improvements to enhance effi- IT investment to replace paperwork processes, en-
ciencies in the application of regulations and processes hance effective project siting decisions, enhance
involving multiple agencies—including expanding the interagency collaboration, and improve the moni-
use of web-based techniques for sharing project-related toring of project impacts and mitigation commit-
information, facilitating targeted and relevant envi- ments; and
ronmental reviews, and providing meaningful opportu- (9) identify improvements to mitigation policies to
nities for public input through stakeholder engage- provide project developers with added predictability,
ment. facilitate landscape-scale mitigation based on con-
By the authority vested in me as President by the servation plans and regional environmental assess-
Constitution and the laws of the United States of ments, facilitate interagency mitigation plans where
America, and to advance the goal of cutting aggregate appropriate, ensure accountability and the long-term
timelines for major infrastructure projects in half, effectiveness of mitigation activities, and utilize in-
while also improving outcomes for communities and novative mechanisms where appropriate.
the environment, I hereby direct the following: The modernization plan prepared pursuant to this
SECTION 1. Modernization of Review and Permitting Reg- section shall take into account funding and resource
ulations, Policies, and Procedures. (a) The Steering Com- constraints and shall prioritize implementation accord-
mittee on Federal Infrastructure Permitting and Re- ingly.
view Process Improvement (Steering Committee), es- (c) Infrastructure sectors covered by the moderniza-
tablished by Executive Order 13604, shall work with the tion effort include: surface transportation, such as
Chief Performance Officer (CPO), in coordination with roadways, bridges, railroads, and transit; aviation;
the Office of Information and Regulatory Affairs ports and related infrastructure, including naviga-
(OIRA) and the Council on Environmental Quality tional channels; water resources projects; renewable
(CEQ), to modernize Federal infrastructure review and energy generation; conventional energy production in
permitting regulations, policies, and procedures to sig- high-demand areas; electricity transmission;
nificantly reduce the aggregate time required by the broadband; pipelines; storm water infrastructure; and
Federal Government to make decisions in the review other sectors as determined by the Steering Com-
and permitting of infrastructure projects, while im- mittee.
proving environmental and community outcomes. (d) The following agencies or offices and their rel-
This modernization shall build upon and incorporate evant sub-divisions shall engage in the modernization
reforms identified by agencies pursuant to Executive effort:
Order 13604 and Executive Order 13563 of January 18, (i) the Department of Defense;
2011 (Improving Regulation and Regulatory Review). (ii) the Department of the Interior;
(b) Through an interagency process, coordinated by (iii) the Department of Agriculture;
the CPO and working closely with CEQ and OIRA, the (iv) the Department of Commerce;
(v) the Department of Transportation;
Steering Committee shall conduct the following mod-
(vi) the Department of Energy;
ernization efforts: (vii) the Department of Homeland Security;
(i) Within 60 days of the date of this memorandum, (viii) the Environmental Protection Agency;
the Steering Committee shall identify and prioritize (ix) the Advisory Council on Historic Preservation;
opportunities to modernize key regulations, policies, (x) the Department of the Army;
and procedures—both agency-specific and those involv- (xi) the Council on Environmental Quality; and
ing multiple agencies—to reduce the aggregate project (xii) such other agencies or offices as the CPO may
review and permitting time, while improving environ- invite to participate.
mental and community outcomes. SEC. 2. General Provisions. (a) Nothing in this memo-
(ii) Within 120 days of the date of this memorandum, randum shall be construed to impair or otherwise af-
the Steering Committee shall prepare a plan for a com- fect:
prehensive modernization of Federal review and per- (i) the authority granted by law to an executive de-
mitting for infrastructure projects based on the anal- partment, agency, or the head thereof; or
ysis required by subsection (b)(i) of this section that (ii) the functions of the Director of the Office of Man-
outlines specific steps for re-engineering both the agement and Budget relating to budgetary, administra-
intra- and inter-agency review and approval processes tive, or legislative proposals, or the regulatory review
based on experience implementing Executive Order process.
13604. The plan shall identify proposed actions and asso- (b) This memorandum shall be implemented con-
ciated timelines to: sistent with applicable law and subject to the avail-
(1) institutionalize or expand best practices or proc- ability of appropriations.
ess improvements that agencies are already imple- (c) This memorandum shall be implemented con-
menting to improve the efficiency of reviews, while sistent with Executive Order 12898 of February 11, 1994
improving outcomes for communities and the envi- (Federal Actions to Address Environmental Justice in
ronment; Minority Populations and Low-Income Populations),
(2) revise key review and permitting regulations, Executive Order 13175 of November 6, 2000 (Consultation
policies, and procedures (both agency-specific and and Coordination with Indian Tribal Governments), and
Government-wide); my memorandum of November 5, 2009 (Tribal Consulta-
(3) identify high-performance attributes of infra- tion).
structure projects that demonstrate how the projects (d) This memorandum is not intended to, and does
seek to advance existing statutory and policy objec- not, create any right or benefit, substantive or proce-
tives and how they lead to improved outcomes for dural, enforceable at law or in equity by any party
communities and the environment, thereby facili- against the United States, its departments, agencies, or
tating a faster and more efficient review and permit- entities, its officers, employees, or agents, or any other
ting process; person.
Page 221 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601
(e) The Director of the Office of Management and have traditionally played a significant role, such as
Budget is hereby authorized and directed to publish surface transportation, drinking water, sewage and
this memorandum in the Federal Register. storm water management systems, landside ports, and
BARACK OBAMA. social infrastructure like schools and community fa-
cilities.
EXPANDING FEDERAL SUPPORT FOR PREDEVELOPMENT SEC. 2. Definitions. For the purposes of this memo-
ACTIVITIES FOR NONFEDERAL DOMESTIC INFRASTRUC- randum:
TURE ASSETS (a) ‘‘Predevelopment activities’’ means activities
that provide decisionmakers with the opportunity to
Memorandum of President of the United States, Jan.
identify and assess potential infrastructure projects
16, 2015, 80 F.R. 3455, provided:
and modifications to existing infrastructure projects,
Memorandum for the Heads of Executive Depart-
and to advance those projects from the conceptual
ments and Agencies
phase to actual construction. Predevelopment activi-
The United States is significantly underinvesting in
ties include:
both the maintenance of existing public infrastructure
(i) project planning, feasibility studies, economic as-
and the development of new infrastructure projects.
sessments and cost-benefit analyses, and public benefit
While there is no replacement for adequate public fund-
studies and value-for-money analyses;
ing, innovative financing options and increased col-
(ii) design and engineering;
laboration between the private and public sectors can (iii) financial planning (including the identification
help to increase overall investment in infrastructure. of funding and financing options);
However, a major challenge for innovative infrastruc- (iv) permitting, environmental review, and regu-
ture projects, whether using emerging technologies or latory processes;
alternative financing, is the lack of funding for the (v) assessment of the impacts of potential projects on
phases of infrastructure project development that pre- the area, including the effect on communities, the envi-
cede actual construction. Infrastructure projects re- ronment, the workforce, and wages and benefits, as
quire upfront costs, commonly known as well as assessment of infrastructure vulnerability and
‘‘predevelopment’’ costs, for activities such as project resilience to climate change and other risks; and
and system planning, economic impact analyses, pre- (vi) public outreach and community engagement.
liminary engineering assessments, and environmental (b) ‘‘Predevelopment funding’’ means funding for
review. Although only accounting for a small percent- predevelopment activities and associated costs, such as
age of total costs, predevelopment activities have con- flexible staff, external advisors, convening potential in-
siderable influence on which projects will move for- vestment partners, and associated legal costs directly
ward, where and how they will be built, who will fund related to predevelopment activities.
them, and who will benefit from them. Yet, in light of SEC. 3. Federal Action to Support Predevelopment Activi-
factors like fiscal constraints, the extent of overall ties. Agencies shall take the following actions to sup-
needs, and risk aversion, State, local, and tribal gov- port predevelopment activities:
ernments tend to focus scarce resources on con- (a) the Department of Commerce, through the Eco-
structing and developing conventional projects and ad- nomic Development Administration’s Public Works
dressing their most critical infrastructure needs, there- grants and Economic Adjustment Assistance grants,
by underinvesting in predevelopment. and consistent with the programs’ mission and goals,
Greater attention to the predevelopment phase could shall take steps to increase assistance for the
yield a range of benefits—for example, providing the predevelopment phase of infrastructure projects;
opportunity to develop longer-term, more innovative, (b) the Department of Transportation shall develop
and more complex infrastructure projects and facili- guidance to clarify where predevelopment activities are
tating assessment of a range of financing approaches, eligible for funding through its programs. To further
including public-private partnerships. Additional in- encourage early collaboration in the project develop-
vestment in predevelopment costs also may enable ment process, the Department of Transportation shall
State, local, and tribal governments to utilize innova- also clarify options for providing early feedback into
tions in infrastructure design and emerging tech- environmental review processes;
nologies, reduce long-term costs to infrastructure (c) the Department of Homeland Security shall clar-
project users, and provide other benefits, such as im- ify for grantees where predevelopment funding is avail-
proved environmental performance and enhanced resil- able through the Hazard Mitigation Grant Program;
ience to climate change. (d) the Department of Housing and Urban Develop-
The Federal Government can meaningfully expand ment shall clarify for grantees how the Community De-
opportunities for public-private collaboration, encour- velopment Block Grant program and other Federal
age more transformational projects, and improve funding sources can be used for predevelopment activi-
project outcomes by encouraging Federal investment ties;
in robust predevelopment activities and providing (e) the Department of Agriculture shall develop guid-
other forms of support, such as technical assistance, to ance to clarify where predevelopment activities are eli-
communities during the predevelopment phase. gible for funding through its programs, including
Therefore, by the authority vested in me as President grants for water and waste projects pursuant to 7 CFR
by the Constitution and the laws of the United States 1780.1 et seq., the Special Evaluation Assistance for
of America, I hereby direct the following: Rural Communities and Households Program, the Com-
SECTION 1. Policy. It shall be the policy of the Federal munity Facilities Grant program, and the Watershed
Government for all executive departments and agencies and Flood Prevention Operations Program. To encour-
(agencies) that provide grants, technical assistance, age innovative predevelopment work, the Department
and other forms of support for nonfederal domestic in- of Agriculture shall also train Water and Environ-
frastructure assets, or regulate the development of mental Programs field staff on predevelopment best
these infrastructure assets, to actively support non- practices and prioritize predevelopment in the Depart-
federal predevelopment activities with all available ment of Agriculture’s project development process; and
tools, including grants, technical assistance, and regu- (f) the other members of the Working Group estab-
latory changes, to the extent permitted by law and con- lished in section 3 of my memorandum of July 17, 2014
sistent with agency mission. Agencies shall seek to (Expanding Public-Private Collaboration on Infrastruc-
make predevelopment funding and support available, as ture Development and Financing), shall take such steps
permitted by law and consistent with agency mission as appropriate to clarify program eligibilities related
and where it is in the public interest and does not sup- to predevelopment activities for nonfederal domestic
plant existing public investment, to encourage oppor- infrastructure assets.
tunities for private sector investment. Agencies shall SEC. 4. Implementation, Public Education, and Best
pay particular attention to predevelopment activities Practices. The Departments of Agriculture, Commerce,
in sectors where State, local, and tribal governments Labor, Housing and Urban Development, Transpor-
§ 602 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 222
tation, Energy, and Homeland Security, and the Envi- included in a regulatory flexibility agenda, or
ronmental Protection Agency shall develop plans for requires an agency to consider or act on any
implementing the requirements of this memorandum, matter listed in such agenda.
providing technical assistance to nonfederal actors en-
gaged in predevelopment activities, and educating (Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94
grantees and the public on the benefits of Stat. 1166.)
predevelopment and the Federal resources available for
these activities. These agencies shall also work to- Statutory Notes and Related Subsidiaries
gether to develop a guide for nonfederal actors under-
taking nonfederal predevelopment activities that in- EFFECTIVE DATE
cludes best practices on how to evaluate and compare Section effective Jan. 1, 1981, see section 4 of Pub. L.
traditional and alternative financing strategies. No 96–354, set out as a note under section 601 of this title.
later than 60 days after the date of this memorandum,
these agencies shall provide these plans and the best § 603. Initial regulatory flexibility analysis
practice guide to the Director of the National Eco-
(a) Whenever an agency is required by section
nomic Council. Subsequently, these agencies shall pro-
vide regular updates to the Director of the National 553 of this title, or any other law, to publish gen-
Economic Council on their progress in increasing sup- eral notice of proposed rulemaking for any pro-
port for predevelopment activities. posed rule, or publishes a notice of proposed
SEC. 5. General Provisions. (a) Nothing in this memo- rulemaking for an interpretative rule involving
randum shall be construed to impair or otherwise af- the internal revenue laws of the United States,
fect: the agency shall prepare and make available for
(i) the authority granted by law to an executive de- public comment an initial regulatory flexibility
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man- analysis. Such analysis shall describe the im-
agement and Budget relating to budgetary, administra- pact of the proposed rule on small entities. The
tive, or legislative proposals. initial regulatory flexibility analysis or a sum-
(b) This memorandum is not intended to, and does mary shall be published in the Federal Register
not, create any right or benefit, substantive or proce- at the time of the publication of general notice
dural, enforceable at law or in equity by any party of proposed rulemaking for the rule. The agency
against the United States, its departments, agencies, or shall transmit a copy of the initial regulatory
entities, its officers, employees, or agents, or any other
flexibility analysis to the Chief Counsel for Ad-
person.
(c) The Secretary of Transportation is hereby author- vocacy of the Small Business Administration. In
ized and directed to publish this memorandum in the the case of an interpretative rule involving the
Federal Register. internal revenue laws of the United States, this
BARACK OBAMA. chapter applies to interpretative rules published
in the Federal Register for codification in the
§ 602. Regulatory agenda Code of Federal Regulations, but only to the ex-
(a) During the months of October and April of tent that such interpretative rules impose on
each year, each agency shall publish in the Fed- small entities a collection of information re-
eral Register a regulatory flexibility agenda quirement.
which shall contain— (b) Each initial regulatory flexibility analysis
(1) a brief description of the subject area of required under this section shall contain—
(1) a description of the reasons why action
any rule which the agency expects to propose
by the agency is being considered;
or promulgate which is likely to have a sig-
(2) a succinct statement of the objectives of,
nificant economic impact on a substantial
and legal basis for, the proposed rule;
number of small entities; (3) a description of and, where feasible, an
(2) a summary of the nature of any such rule estimate of the number of small entities to
under consideration for each subject area list- which the proposed rule will apply;
ed in the agenda pursuant to paragraph (1), the (4) a description of the projected reporting,
objectives and legal basis for the issuance of recordkeeping and other compliance require-
the rule, and an approximate schedule for ments of the proposed rule, including an esti-
completing action on any rule for which the mate of the classes of small entities which will
agency has issued a general notice of proposed be subject to the requirement and the type of
rulemaking,1 and professional skills necessary for preparation of
(3) the name and telephone number of an the report or record;
agency official knowledgeable concerning the (5) an identification, to the extent prac-
items listed in paragraph (1). ticable, of all relevant Federal rules which
(b) Each regulatory flexibility agenda shall be may duplicate, overlap or conflict with the
transmitted to the Chief Counsel for Advocacy proposed rule.
of the Small Business Administration for com- (c) Each initial regulatory flexibility analysis
ment, if any. shall also contain a description of any signifi-
(c) Each agency shall endeavor to provide no- cant alternatives to the proposed rule which ac-
tice of each regulatory flexibility agenda to complish the stated objectives of applicable
small entities or their representatives through statutes and which minimize any significant
direct notification or publication of the agenda economic impact of the proposed rule on small
in publications likely to be obtained by such entities. Consistent with the stated objectives of
small entities and shall invite comments upon applicable statutes, the analysis shall discuss
each subject area on the agenda. significant alternatives such as—
(d) Nothing in this section precludes an agen- (1) the establishment of differing compliance
cy from considering or acting on any matter not or reporting requirements or timetables that
take into account the resources available to
1 So in original. The comma probably should be a semicolon. small entities;
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