[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Presidential Documents]
[Pages 9339-9341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02451]


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  Federal Register / Vol. 82 , No. 22 / Friday, February 3, 2017 / 
Presidential Documents  

[[Page 9339]]


                Executive Order 13771 of January 30, 2017

                
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                repealed.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                repealed regulations, to be finalized this year shall 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.

[[Page 9340]]

                    (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.

[[Page 9341]]

                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 30, 2017.

[FR Doc. 2017-02451
Filed 2-2-17; 11:15 am]
Billing code 3295-F7-P