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[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

[[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
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