‘‘(5) EXTENSION.—Any review described under 
this subsection may be extended for any number of 
additional 30-day periods upon mutual agreement of 
the Administrator and the head of the agency. For 
each 30-day extension, the Administrator shall make 
publicly available online a written explanation, in-
cluding the reasons for the extension and an esti-
mate of the expected conclusion date. 
‘‘(6) RETURN.—If the Administrator deter-
mines OIRA is unable to conclude a review within 
the time period described under this subsection, the 
Administrator may return the draft of the signifi-
cant regulatory action to the agency with a written 
explanation of why OIRA was unable to complete 
the review and what additional information, re-
sources, or time OIRA would need to complete the 
review. 
‘‘(7) WITHDRAWAL.—An agency may withdraw 
the regulatory action from OIRA review at any time 
prior to the completion of the review. 
‘‘(e) COMPLIANCE
REVIEW.—The Administrator 
shall review any significant regulatory action submitted 
under subsection (c) to determine the extent to which the 
agency— 
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‘‘(1) identified the problem that the significant 
regulatory action is designed to address (including, 
where applicable, the failures of private markets or 
public institutions that warrant new agency action); 
‘‘(2) assessed the significance of the problem 
the regulatory action is designed to address; 
‘‘(3) examined whether existing regulations or 
laws have created or contributed to the problem that 
the regulatory action is designed to correct and 
whether those regulations or laws should be modified 
to achieve the intended goal more effectively; 
‘‘(4) identified and assessed available alter-
natives to direct regulation, including providing eco-
nomic incentives to encourage desired behaviors, 
such as user fees or marketable permits, or pro-
viding information upon which choices can be made 
by the public; 
‘‘(5) considered, to the extent reasonable, the 
degree and nature of the risks posed by various sub-
stances or activities within the jurisdiction of the 
agency; 
‘‘(6) designed the regulatory action to be the 
most cost-effective manner to achieve the regulatory 
objective; 
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‘‘(7) considered incentives for innovation, con-
sistency, predictability, flexibility, distributive im-
pacts, equity, and the costs of enforcement and com-
pliance by the Government, regulated entities, and 
the public; 
‘‘(8) assessed costs and benefits of the regu-
latory action and made a reasoned determination 
that the benefits justify the costs; 
‘‘(9) used the best reasonably obtainable sci-
entific, technical, economic, and other information 
concerning the need for and consequences of the reg-
ulatory action; 
‘‘(10) identified and assessed alternative forms 
of regulation and, to the extent feasible, specified 
performance objectives rather than behavior or man-
ner of compliance; 
‘‘(11) sought comments and suggestions from 
impacted State, local, and Tribal officials on any as-
pect of the regulatory action that might significantly 
or uniquely affect those governmental entities; 
‘‘(12) assessed the effects of the regulatory ac-
tion on State, local, and Tribal governments, includ-
ing specifically the availability of resources to carry 
out the regulatory action, and minimized the bur-
dens that uniquely or significantly affect such gov-
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ernmental entities, consistent with achieving regu-
latory objectives; 
‘‘(13) harmonized the regulatory action with 
the regulatory and other functions of State, local, 
and Tribal governments; 
‘‘(14) avoided conflicts with or duplication of 
other existing regulations; 
‘‘(15) tailored the regulatory action to impose 
the least burden on society, including individuals, 
businesses of differing sizes, and other entities (in-
cluding small communities and governmental enti-
ties), consistent with obtaining the regulatory objec-
tives, and taking into account, among other things 
and to the extent practicable, the costs of cumulative 
regulations; 
‘‘(16) drafted the regulatory action to be simple 
and easy to understand, and minimized the potential 
for uncertainty and litigation arising from such un-
certainty; 
‘‘(17) met all applicable Executive order re-
quirements; 
‘‘(18) met all applicable statutory requirements; 
and 
‘‘(19) complied with all applicable guidance. 
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‘‘(f) QUALITY REVIEW.—For any significant regu-
latory action submitted under subsection (c), OIRA shall 
review the extent to which the agency conducted a mean-
ingful and complete analysis of each of the factors de-
scribed in subsection (e), considering best practices, meth-
ods observed through reviewing other agencies, comments 
from stakeholders, and other resources that may improve 
the quality of the process. 
‘‘(g) INTERAGENCY CONSULTATION.—The Adminis-
trator shall identify each agency potentially affected, inter-
ested, or otherwise likely to provide valuable feedback on 
a significant regulatory action submitted under subsection 
(c) and facilitate a meaningful interagency consultation 
process. The Administrator shall— 
‘‘(1) provide each identified agency with a copy 
of the draft regulatory action; 
‘‘(2) allow each identified agency to review the 
draft regulatory action for a sufficient period of 
time, not less than 10 business days; 
‘‘(3) solicit written comments from such agency; 
and 
‘‘(4) as appropriate, facilitate conversations be-
tween agencies. 
‘‘(h) STAKEHOLDER CONSULTATION.—For all sub-
stantive communications between OIRA and individuals 
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not employed by the executive branch regarding a regu-
latory action submitted to the Administrator for review 
under this section, the Administrator shall— 
‘‘(1) invite the issuing agency to any meeting 
between OIRA personnel and individuals not em-
ployed by the executive branch; 
‘‘(2) not later than 10 business days after re-
ceipt of any written communication submitted by 
any individual not employed by the executive branch, 
make such communications available to the public 
online; and 
‘‘(3) make available to the public online a log, 
which shall be updated daily, of the following infor-
mation: 
‘‘(A) The status of each regulatory action. 
‘‘(B) A copy of any written communication 
submitted by any person not employed by the 
executive branch. 
‘‘(C) The dates and names of persons in-
volved in any substantive oral communication 
and the subject matter discussed during such 
communication. 
‘‘(i) CONCLUSION OF REVIEW.— 
‘‘(1) PROVISION TO AGENCY.—Upon completion 
of the review, the Administrator shall provide the 
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