[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Presidential Documents]
[Pages 12285-12287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04107]



[[Page 12283]]

Vol. 82

Wednesday,

No. 39

March 1, 2017

Part II





The President





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Executive Order 13777--Enforcing the Regulatory Reform Agenda
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  Federal Register / Vol. 82 , No. 39 / Wednesday, March 1, 2017 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13777 of February 24, 2017

                
Enforcing the Regulatory Reform Agenda

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to lower regulatory burdens on 
                the American people by implementing and enforcing 
                regulatory reform, it is hereby ordered as follows:

                Section 1. Policy. It is the policy of the United 
                States to alleviate unnecessary regulatory burdens 
                placed on the American people.

                Sec. 2. Regulatory Reform Officers. (a) Within 60 days 
                of the date of this order, the head of each agency, 
                except the heads of agencies receiving waivers under 
                section 5 of this order, shall designate an agency 
                official as its Regulatory Reform Officer (RRO). Each 
                RRO shall oversee the implementation of regulatory 
                reform initiatives and policies to ensure that agencies 
                effectively carry out regulatory reforms, consistent 
                with applicable law. These initiatives and policies 
                include:

(i) Executive Order 13771 of January 30, 2017 (Reducing Regulation and 
Controlling Regulatory Costs), regarding offsetting the number and cost of 
new regulations;

(ii) Executive Order 12866 of September 30, 1993 (Regulatory Planning and 
Review), as amended, regarding regulatory planning and review;

(iii) section 6 of Executive Order 13563 of January 18, 2011 (Improving 
Regulation and Regulatory Review), regarding retrospective review; and

(iv) the termination, consistent with applicable law, of programs and 
activities that derive from or implement Executive Orders, guidance 
documents, policy memoranda, rule interpretations, and similar documents, 
or relevant portions thereof, that have been rescinded.

                    (b) Each agency RRO shall periodically report to 
                the agency head and regularly consult with agency 
                leadership.

                Sec. 3. Regulatory Reform Task Forces. (a) Each agency 
                shall establish a Regulatory Reform Task Force composed 
                of:

(i) the agency RRO;

(ii) the agency Regulatory Policy Officer designated under section 6(a)(2) 
of Executive Order 12866;

(iii) a representative from the agency's central policy office or 
equivalent central office; and

(iv) for agencies listed in section 901(b)(1) of title 31, United States 
Code, at least three additional senior agency officials as determined by 
the agency head.

                    (b) Unless otherwise designated by the agency head, 
                the agency RRO shall chair the agency's Regulatory 
                Reform Task Force.
                    (c) Each entity staffed by officials of multiple 
                agencies, such as the Chief Acquisition Officers 
                Council, shall form a joint Regulatory Reform Task 
                Force composed of at least one official described in 
                subsection (a) of this section from each constituent 
                agency's Regulatory Reform Task Force. Joint Regulatory 
                Reform Task Forces shall implement this order in 
                coordination with the Regulatory Reform Task Forces of 
                their members' respective agencies.

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                    (d) Each Regulatory Reform Task Force shall 
                evaluate existing regulations (as defined in section 4 
                of Executive Order 13771) and make recommendations to 
                the agency head regarding their repeal, replacement, or 
                modification, consistent with applicable law. At a 
                minimum, each Regulatory Reform Task Force shall 
                attempt to identify regulations that:

(i) eliminate jobs, or inhibit job creation;

(ii) are outdated, unnecessary, or ineffective;

(iii) impose costs that exceed benefits;

(iv) create a serious inconsistency or otherwise interfere with regulatory 
reform initiatives and policies;

(v) are inconsistent with the requirements of section 515 of the Treasury 
and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or 
the guidance issued pursuant to that provision, in particular those 
regulations that rely in whole or in part on data, information, or methods 
that are not publicly available or that are insufficiently transparent to 
meet the standard for reproducibility; or

(vi) derive from or implement Executive Orders or other Presidential 
directives that have been subsequently rescinded or substantially modified.

                    (e) In performing the evaluation described in 
                subsection (d) of this section, each Regulatory Reform 
                Task Force shall seek input and other assistance, as 
                permitted by law, from entities significantly affected 
                by Federal regulations, including State, local, and 
                tribal governments, small businesses, consumers, non-
                governmental organizations, and trade associations.
                    (f) When implementing the regulatory offsets 
                required by Executive Order 13771, each agency head 
                should prioritize, to the extent permitted by law, 
                those regulations that the agency's Regulatory Reform 
                Task Force has identified as being outdated, 
                unnecessary, or ineffective pursuant to subsection 
                (d)(ii) of this section.
                    (g) Within 90 days of the date of this order, and 
                on a schedule determined by the agency head thereafter, 
                each Regulatory Reform Task Force shall provide a 
                report to the agency head detailing the agency's 
                progress toward the following goals:

(i) improving implementation of regulatory reform initiatives and policies 
pursuant to section 2 of this order; and

(ii) identifying regulations for repeal, replacement, or modification.

                Sec. 4. Accountability. Consistent with the policy set 
                forth in section 1 of this order, each agency should 
                measure its progress in performing the tasks outlined 
                in section 3 of this order.

                    (a) Agencies listed in section 901(b)(1) of title 
                31, United States Code, shall incorporate in their 
                annual performance plans (required under the Government 
                Performance and Results Act, as amended (see 31 U.S.C. 
                1115(b))), performance indicators that measure progress 
                toward the two goals listed in section 3(g) of this 
                order. Within 60 days of the date of this order, the 
                Director of the Office of Management and Budget 
                (Director) shall issue guidance regarding the 
                implementation of this subsection. Such guidance may 
                also address how agencies not otherwise covered under 
                this subsection should be held accountable for 
                compliance with this order.
                    (b) The head of each agency shall consider the 
                progress toward the two goals listed in section 3(g) of 
                this order in assessing the performance of the 
                Regulatory Reform Task Force and, to the extent 
                permitted by law, those individuals responsible for 
                developing and issuing agency regulations.

                Sec. 5. Waiver. Upon the request of an agency head, the 
                Director may waive compliance with this order if the 
                Director determines that the agency generally issues 
                very few or no regulations (as defined in section 4 of 
                Executive Order 13771). The Director may revoke a 
                waiver at any time. The Director shall publish, at 
                least once every 3 months, a list of agencies with 
                current waivers.

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                Sec. 6. 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 24, 2017.

[FR Doc. 2017-04107
Filed 2-28-17; 11:15 am]
Billing code 3295-F7-P