Reducing Anti-competitive Regulatory Barriers

Purpose of the Order: To eliminate federal regulations that create anti-competitive conditions, in order to revitalize the American economy and promote competition, entrepreneurship, and innovation.

Definitions:

• Agency: As specified in section 3502 of title 44, U.S. Code, excluding the Executive Office of the President.
• Agency Head: The highest-ranking official of an agency (e.g., Secretary, Administrator).

Agency Responsibilities:

• Agency heads, in consultation with the Federal Trade Commission Chairman and the Attorney General, must:
  • Review all regulations under their authority to identify those that:
    • Create or facilitate monopolies.
    • Present barriers to new market entrants.
    • Limit competition among entities.
    • Impose unnecessary licensure or accreditation requirements.
    • Burden procurement processes for companies.
    • Impose anti-competitive restraints or distort free market operations.
• Provide a list of identified regulations within 70 days, along with recommendations for rescission or modification.

Public Engagement:

• The Chairman will issue a request for information (RFI) within 10 days, seeking public input on regulations that fit the identified categories. The RFI will be open for 40 days.

Consolidated List:

• The Chairman will compile a consolidated list of regulations based on agency submissions within 90 days, which may include additional regulations that fit the anti-competitive categories.

Implementation by OMB:

• The OMB Director will collaborate with relevant parties to decide on incorporating proposed rescissions or modifications into the Unified Regulatory Agenda.

Preservation of Authority:

• The order does not affect the authority of executive departments/agencies or the functions of the OMB Director.

Legal Considerations:

• The order does not create enforceable rights against the United States or its entities.