Executive Orders Move Forward Regulatory Reform Plans

At the end of February, President Donald Trump issued an Executive Order (EO) aimed at furthering the promise to reduce regulatory burdens and costs. The President's Blueprint for the budget, which discussed the executive order, declared "[a]s a successful businessman, the President knows that achievement requires accountability." Therefore, he issued this latest EO to require regulatory agencies each appoint a regulatory reform officer (RRO) and set up regulatory reform task forces (RRTFs).

These steps will facilitate the Jan. 30th Executive Order 13771, which called for paring down federal regulations. EO 13771 requires that for every new regulation proposed, two existing regulations must be eliminated (aka "one in, two out").

The agencies must designate RROs within 60 days of the order. The RRO is charged with:

• Overseeing regulatory reform efforts such as those required by the onein, two-out EO.

• Oversee planning and review, including retrospective review and termination of regulations and attendant programs and activities.

• Periodically report to the agency head and consult with other agency leaders.

• Participate in and even possibly chair the RRTF.

The Budget notes that in support of accountability "these teams will be a critical means by which Federal agencies will identify and cut regulations in a smart and efficient manner."

As to implementation, the EO states the "RRTF will include the RRO, the agency's regulatory policy officer, representation from the agency's central policy or similar office, and at least three senior agency officials. The RRTF must review existing regulations and recommend those needing "repeal, replacement, or modification." Such regulations should be those that adversely affect new and existing jobs; are "outdated, unnecessary, or ineffective;" generate "costs that exceed benefits"; are inconsistent or interfere with regulatory reforms.

Stakeholders such as state and local governments, trade associations, businesses and consumers should be permitted to have input on these regulatory reform efforts. Within 90 days of the order the RRTF has to provide an initial report to the agency head regarding it's efforts to identify regulations for "repeal, replacement or modification."