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Presidential Executive Order 13777 (Donald Trump, 2017)

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Executive Order 13777: Enforcing the Regulatory Reform Agenda was a presidential executive order issued by President Donald Trump (R) in February 2017 that established new regulatory reform officers and regulatory reform task forces to oversee the implementation of E.O. 13771, Trump's first executive order issued in January 2017 that instituted regulatory caps and allowances for federal agencies. The order broadly aimed "to lower regulatory burdens on the American people by implementing and enforcing regulatory reform," according to the text.[1]

President Joe Biden (D) revoked E.O. 13777 on January 20, 2021, via E.O. 13992.

Background

E.O. 13771

See also: Regulatory review

In 2016, then-presidential candidate Donald Trump (R) campaigned on a platform that included a pledge to rein in what he considered to be burdensome federal regulations that slowed down economic growth—an agenda that his former chief strategist Steve Bannon characterized as the "deconstruction of the administrative state." After taking the oath of office on January 20, 2017, President Trump launched his agenda by instituting a regulatory freeze aimed at preventing federal agencies from promulgating new rules until the regulations were reviewed by agency heads or the director of the Office of Management and Budget (OMB). Ten days later, on January 30, 2017, Trump issued E.O. 13771, which called for any new regulatory activity by federal agencies to amount to a net cost of zero dollars by the end of the fiscal year.[2][3][4]

In order to achieve the goal of E.O. 13771, the order required that agencies eliminate two old regulations for each new regulation issued. The order also required continued compliance with the cost-benefit analysis provisions for economically significant rules outlined in President Bill Clinton's (D) E.O. 12866, which E.O. 13771 identified as one of the major policies and initiatives guiding regulatory review and reform efforts by the executive branch. E.O. 13771 did not include any penalties for noncompliance by the end of the fiscal year, but it required noncompliant agencies to submit a report to the OMB detailing the agency's plan to achieve compliance.[2][3][5]

E.O. 13777

The Trump administration issued E.O. 13777 on February 24, 2017, establishing new regulatory reform officers and regulatory reform task forces to implement the provisions of E.O. 13771. The Office of Information and Regulatory Affairs (OIRA) also issued a series of guidance documents outlining procedures for implementing E.O. 13771. In particular, the guidance specified that the two-for-one provision only applied to economically significant rules—those with an anticipated economic impact of $100 million or more. Rules pertaining to national security, emergency actions, and statutory or judicial mandates were exempt from the order.[5]

Provisions

Regulatory reform officers

See also: Regulatory review and Retrospective regulatory review

E.O. 13777 required each agency to designate an official to serve as the agency's regulatory reform officer (RRO). The RRO was tasked with overseeing agency compliance with the provisions of E.O. 13771, the regulatory review requirements of E.O. 12866, and the retrospective regulatory review requirements of E.O. 13563:[1]

“ 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.[1][6]

”

Regulatory reform task forces

See also: Regulatory policy officer

The order required each agency to develop a regulatory reform task force made up the agency's RRO, its regulatory policy officer, and certain other staff members, depending on the agency. Each task force was required to review the agency's existing rules and make recommendations to either repeal, update, or amend the regulations. Regulations identified for repeal by the task force should have been used to enact the two-for-one regulatory provision of E.O. 13771.[1]

“ 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.[1][6]

”

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Federal Register, "Enforcing the Regulatory Reform Agenda," accessed March 22, 2018
  2. ↑ 2.0 2.1 The Washington Post, "Bannon vows a daily fight for ‘deconstruction of the administrative state,'" February 23, 2017
  3. ↑ 3.0 3.1 Bloomberg News, "Trump’s 2-for-1 Regulatory Policy Yields Minimal Results," September 29, 2017
  4. ↑ Politico, "MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES," January 20, 2017
  5. ↑ 5.0 5.1 RegInfo.gov, "Regulatory Reform: Two-for-One and Regulatory Cost Caps," accessed March 21, 2018
  6. ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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