[Federal Register Volume 90, Number 24 (Thursday, February 6, 2025)]
[Presidential Documents]
[Pages 9065-9067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02345]
Presidential Documents
Federal Register / Vol. 90, No. 24 / Thursday, February 6, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 9065]]
Executive Order 14192 of January 31, 2025
Unleashing Prosperity Through Deregulation
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.), and in order
to promote prudent financial management and alleviate
unnecessary regulatory burdens, it is hereby ordered:
Section 1. Purpose. The ever-expanding morass of
complicated Federal regulation imposes massive costs on
the lives of millions of Americans, creates a
substantial restraint on our economic growth and
ability to build and innovate, and hampers our global
competitiveness. Despite the magnitude of their impact,
these measures are often difficult for the average
person or business to understand, as they require
synthesizing the collective meaning not just of formal
regulations but also rules, memoranda, administrative
orders, guidance documents, policy statements, and
interagency agreements that are not subject to the
Administrative Procedure Act, further increasing
compliance costs and the risk of costs of non-
compliance. It is the policy of my Administration to
significantly reduce the private expenditures required
to comply with Federal regulations to secure America's
economic prosperity and national security and the
highest possible quality of life for each citizen. To
that end, it is important that for each new regulation
issued, at least 10 prior regulations be identified for
elimination. This practice is to ensure that the cost
of planned regulations is responsibly managed and
controlled through a rigorous regulatory budgeting
process.
Sec. 2. Policy. 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, and to alleviate unnecessary regulatory
burdens placed on the American people.
Sec. 3. Regulatory Cap for Fiscal Year 2025. (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 10 existing regulations to be
repealed.
(b) For fiscal year 2025, which is in progress, the
heads of all agencies are directed to ensure that the
total incremental cost of all new regulations,
including repealed regulations, being finalized this
year, shall be significantly less than zero, as
determined by the Director of the Office of Management
and Budget (Director), unless otherwise required by law
or instructions from the 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 10 prior
regulations.
(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
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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. 4. Annual Regulatory Cost Submissions to the
Office of Management and Budget. Beginning with the
Regulatory Plans, as required under Executive Order
12866 of September 30, 1993 (Regulatory Planning and
Review), as amended, or any successor order for fiscal
year 2026, and for each fiscal year thereafter:
(a) The head of each agency shall identify on an
aggregated basis, for regulations that increase
incremental cost, the offsetting regulations described
in section 3(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. Unless
otherwise required by law, no regulation shall be added
to or removed from the Unified Regulatory Agenda
without the approval of the Director. To accomplish the
purposes of this order, the Director may also require
additions to the Unified Regulatory Agenda and
Regulatory Plan.
(c) Unless otherwise required by law, no regulation
shall be issued by an agency if it was not included in
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 each fiscal year after fiscal year 2025. 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. 5. 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, including, without
limitation, regulations, rules, memoranda,
administrative orders, guidance documents, policy
statements, and interagency agreements, regardless of
whether the same were enacted through the processes in
the Administrative Procedure Act, but does not include:
(a) regulations issued with respect to a military,
national security, homeland security, foreign affairs,
or immigration-related function of the United States;
(b) regulations related to agency organization,
management, or personnel; or
(c) any other specific regulation or category of
regulations exempted by the Director, who shall exempt
those regulations or categories of regulations that
impose minimal costs or burdens on the private sector
or that are requested to be exempted by the Assistant
to the President and Chief of Staff or the Assistant to
the President and Deputy Chief of Staff for Policy.
Sec. 6. Implementation. (a) The Director is charged
with implementing this order, including by providing
agencies with updated guidance on implementing the ten-
for-one rule described in section 3(a) of this order,
including processes for identifying regulations for
elimination, determining what constitutes, generally
and specifically, a ``rule'' or ``regulation'' for
purposes of this order, estimating and standardizing
regulatory costs, and ensuring
[[Page 9067]]
compliance with the Administrative Procedure Act and
other applicable laws.
(b) The Director shall revoke OMB Circular No. A-4
of November 9, 2023 (Regulatory Analysis), and all
accompanying appendices, guidelines, and documents, and
shall reinstate the prior version of Circular A-4,
issued on September 17, 2003; and
(c) The Secretary of the Treasury and the Director
shall reinstate the Memorandum of Agreement between the
Department of the Treasury and the Office of Management
and Budget of April 11, 2018, regarding review of tax
regulations under Executive Order 12866.
Sec. 7. Severability. If any provision of this order,
or the application of any provision to any person or
circumstance, is held to be invalid, the remainder of
this order and the application of its provisions to any
other persons or circumstances shall not be affected
thereby.
Sec. 8. 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, agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
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,
January 31, 2025.
[FR Doc. 2025-02345
Filed 2-5-25; 8:45 am]
Billing code 3395-F4-P