Executive Order No. 14192. Unleashing Prosperity Through Deregulation

• Citation: 90 FR 9065
• Published date: 06 February 2025
• FR Document: 2025-02345
• Pages: 9065-9067
• Executive Order No.: 14192
• Date: 31 January 2025
• Issuer: Executive Office of the President
• Section: Presidential Documents

Federal Register, Volume 90 Issue 24 (Thursday, February 6, 2025)

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
                [[Page 9066]]
                 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