Assess whether the RIA would survive OIRA and litigation (f6b21f)

SITUATION An OIRA passback gutting the preferred option put performance-measure set that cannot be produced from systems in front of regulatory-impact analyst in an emergency-management shop allocating scarce resources. This Government / Operations and Emergency decision is the RIA would survive from performance-measure set that cannot be produced from systems, and the live options are Pay or continue, Recoup, Deny.

DECISION Regulatory-impact analyst in an emergency-management shop allocating scarce resources must choose Pay or continue / Recoup / Deny / Hold using performance-measure set that cannot be produced from systems after an OIRA passback gutting the preferred option.

HYPOTHESES TO TEST 1. An OIRA passback gutting the preferred option is noise around an already-controlled Operations and Emergency process in an emergency-management shop allocating scarce resources, given performance-measure set that cannot be produced from systems. 2. An OIRA passback gutting the preferred option is the event in performance-measure set that cannot be produced from systems that forces Pay or continue for regulatory-impact analyst under Government. 3. Performance-measure set that cannot be produced from systems shows a one-file miss after an OIRA passback gutting the preferred option, not a Operations and Emergency program failure. 4. Performance-measure set that cannot be produced from systems cannot decide the RIA would survive yet after an OIRA passback gutting the preferred option; hold is the only Government close an emergency-management shop allocating scarce resources can defend.

ANALYSIS REQUIRED 1. Name the statutory hook that performance-measure set that cannot be produced from systems does or does not support. 2. Test a single-case exception versus a control gap in an emergency-management shop allocating scarce resources. 3. Check notice and appeal timing around an OIRA passback gutting the preferred option. 4. For this Government Operations and Emergency file, read performance-measure set that cannot be produced from systems against an OIRA passback gutting the preferred option and write the one fact that would move the RIA would survive for regulatory-impact analyst.

RECOMMENDATION Choose Pay or continue / Recoup / Deny / Hold on this Government / Operations and Emergency packet (performance-measure set that cannot be produced from systems after an OIRA passback gutting the preferred option). Lead with the Government option performance-measure set that cannot be produced from systems can support after an OIRA passback gutting the preferred option, then the two facts that force it, then the Monday action for regulatory-impact analyst in an emergency-management shop allocating scarce resources.