doctrine
Zero-Based Regulatory Budgeting To Unleash American Energy
Deadline passed · no action observed
EPA and the Army Corps of Engineers will submit to the President, through the OMB Director, a list of statutes vesting them with regulatory authority to be subject to this order within 30 days.
“For the EPA and ACE, within 30 days of the date of this order, the Administrator of the EPA and Secretary of the Army shall provide to the President, through the Director of the Office of Management and Budget (OMB Director), a list of statutes vesting EPA and ACE with regulatory authority that shall be subject to this order.” (p. 2)
Delivered
Each Covered Agency will issue a sunset rule inserting a Conditional Sunset Date into each of its Covered Regulations by September 30, 2025.
“each of the Covered Agencies shall issue a sunset rule, effective not later than September 30, 2025, that inserts a Conditional Sunset Date into each of their Covered Regulations.” (p. 2)
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final rule
Zero-Based Regulating
DOE final rule directly inserts conditional sunset dates into its covered regulations pursuant to the EO, executing the required sunset-rule action even if after the stated deadline.
No action observed
Existing Covered Regulations will receive a Conditional Sunset Date one year after the sunset rule's effective date, after which agencies will treat them as ineffective and remove them from the CFR unless extended.
“The sunset rule shall provide that each Covered Regulation in effect on the date of this order shall have a Conditional Sunset Date of 1 year after the effective date of the sunset rule, subject to the process set forth in subsection (d) of this section. Unless the extension condition specified in subsection (d) of this section is satisfied, agencies will treat Covered Regulations as ceasing to be effective on that date for all purposes.” (p. 3)
No action observed
Agencies will not enforce expired Covered Regulations and will remove them from the Code of Federal Regulations to the maximum extent permitted by law.
“An agency shall not take any action to enforce such an ineffective regulation and, to the maximum extent permitted by law, shall remove it from the Code of Federal Regulations.” (p. 3)
No action observed
Covered Agencies will include a Conditional Sunset Date of no more than 5 years in the future in any new Covered Regulation.
“In any new Covered Regulation, to the maximum extent consistent with law, the relevant Covered Agency shall include a Conditional Sunset Date that is not more than 5 years in the future.” (p. 3)
No action observed
Amendments to Covered Regulations will not reset the Conditional Sunset Date and will be subject to the same sunset date as the amended regulation.
“Amendments to any Covered Regulation shall provide that they do not reset that regulation's Conditional Sunset Date and shall be subject to the same Conditional Sunset Date as the amended regulation.” (p. 3)
No action observed
The OMB Director may exempt new regulations or amendments from the 5-year sunset requirement if they have a net deregulatory effect.
“The OMB Director may exempt a new regulation or amendment from the requirements of this paragraph if he determines that the new regulation or amendment has a net deregulatory effect.” (p. 3)
No action observed
Agencies will offer the public an opportunity to comment on the costs and benefits of each Covered Regulation before its expiration, after which the sunset date may be extended if warranted.
“The sunset provision added to existing and new Covered Regulations shall provide that the agency will offer the public an opportunity to comment on the costs and benefits of each regulation, such as through a request for information, prior to a rule's expiration, and following such opportunity the Conditional Sunset Date for that Covered Regulation may be extended if the agency finds an extension is warranted.” (p. 3)
No action observed
Covered Agencies may extend a Conditional Sunset Date multiple times but never to a date more than 5 years in the future.
“A Covered Agency may extend the Conditional Sunset Date for a particular Covered Regulation as many times as is appropriate, but never to a date more than 5 years in the future.” (p. 3)
No action observed
Sunset extensions and expirations under this order will not count toward the ten-for-one regulatory requirement in Executive Order 14192.
“Neither a determination to extend the Conditional Sunset Date of a particular regulation, nor a regulation that expires as a result this order, shall count towards the ten-for-one regulatory requirement in Executive Order 14192 of January 31, 2025 (Unleashing Prosperity Through Deregulation).” (p. 3)
No action observed
Agency heads will coordinate with their DOGE Team Leads and OMB to implement this order.
“Agency heads shall coordinate with their DOGE Team Leads and the Office of Management and Budget to implement this order.” (p. 3)