Enforcing the Regulatory Reform Agenda

[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

Presidential Documents

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:

all 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.

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;

istent 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.

e 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

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.

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