The White House
Presidential
Executive Order on Reducing Regulation and Controlling Regulatory Costs
EXECUTIVE ORDER
- - - - - - -
REDUCING REGULATION AND CONTROLLING
REGULATORY COSTS
By
the authority vested in me as President by the Constitution and the laws of the
United States of America, including the Budget and Accounting Act of 1921, as
amended (31 U.S.C. 1101 et seq.), section
1105 of title 31, United States Code, and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section
1. Purpose. It is the policy of the executive branch to be prudent
and financially responsible in the expenditure of funds, from both public and
private sources. In addition to the management of the direct
expenditure of taxpayer dollars through the budgeting process, it is essential
to manage the costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations. Toward that
end, it is important that for every one new regulation issued, at least two
prior regulations be identified for elimination, and that the cost of planned
regulations be prudently managed and controlled through a budgeting process.
Sec.
2. Regulatory Cap for Fiscal Year 2017. (a) Unless prohibited
by law, whenever an executive department or agency (agency) publicly proposes
for notice and comment or otherwise promulgates a new regulation, it shall
identify at least two existing regulations to be repealed.
(b)
For fiscal year 2017, which is in progress, the heads of all agencies are
directed that the total incremental cost of all new regulations, including
repealed regulations, to be finalized this year shall be no greater than
zero, unless otherwise required by law or consistent with advice provided
in writing by the Director of the Office of Management and Budget
(Director).
(c)
In furtherance of the requirement of subsection (a) of this section, any
new incremental costs associated with new regulations shall, to the extent
permitted by law, be offset by the elimination of existing costs associated
with at least two prior regulations. Any agency eliminating existing
costs associated with prior regulations under this subsection shall do so
in accordance with the Administrative Procedure Act and other applicable law.
(d)
The Director shall provide the heads of agencies with guidance on the
implementation of this section. Such guidance shall address, among other
things, processes for standardizing the measurement and estimation of
regulatory costs; standards for determining what qualifies as new and
offsetting regulations; standards for determining the costs of existing
regulations that are considered for elimination; processes for accounting for
costs in different fiscal years; methods to oversee the issuance of rules with
costs offset by savings at different times or different agencies; and
emergencies and other circumstances that might justify individual waivers of
the requirements of this section. The Director shall consider phasing in
and updating these requirements.
Sec.
3. Annual Regulatory Cost Submissions to the Office of Management and
Budget. (a) Beginning with the Regulatory Plans
(required under Executive Order 12866 of September 30, 1993, as amended, or any
successor order) for fiscal year 2018, and for each fiscal year thereafter, the
head of each agency shall identify, for each regulation that increases
incremental cost, the offsetting regulations described in section 2(c) of this
order, and provide the agency's best approximation of the total costs or
savings associated with each new regulation or repealed regulation.
(b)
Each regulation approved by the Director during the Presidential budget process
shall be included in the Unified Regulatory Agenda required under Executive
Order 12866, as amended, or any successor order.
(c)
Unless otherwise required by law, no regulation shall be issued by an agency if
it was not included on the most recent version or update of the published
Unified Regulatory Agenda as required under Executive Order 12866, as
amended, or any successor order, unless the issuance of such regulation was
approved in advance in writing by the Director.
(d)
During the Presidential budget process, the Director shall identify to agencies
a total amount of incremental costs that will be allowed for each agency in
issuing new regulations and repealing regulations for the next fiscal
year. No regulations exceeding the agency's total incremental cost
allowance will be permitted in that fiscal year, unless required by law or
approved in writing by the Director. The total incremental cost allowance
may allow an increase or require a reduction in total regulatory cost.
(e)
The Director shall provide the heads of agencies with guidance on the
implementation of the requirements in this section.
Sec.
4. Definition. For purposes of this order the term
"regulation" or "rule" means an agency statement of general
or particular applicability and future effect designed to implement,
interpret, or prescribe law or policy or to describe the procedure or practice
requirements of an agency, but does not include:
(a)
regulations issued with respect to a military, national security, or foreign
affairs function of the United States;
(b)
regulations related to agency organization, management, or personnel; or
(c)
any other category of regulations exempted by the Director.
Sec.
5. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the
authority granted by law to an executive department or agency, or the head
thereof; or
(ii) the functions
of the Director relating to budgetary, administrative, or legislative
proposals.
(b)
This order shall be implemented consistent with applicable law and subject to
the availability of appropriations.
(c)
This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against
the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
DONALD J. TRUMP
THE
WHITE HOUSE,
January 30, 2017.
January 30, 2017.
