New EO Calls for Agencies to Appoint Regulatory Reform Officers and Task Forces

On Friday, Feb. 24, 2017, President Donald Trump issued an Executive Order (EO) aimed at furthering the promise to reduce regulatory burdens and costs. This latest EO requires regulatory agencies each appoint a regulatory reform officer (RRO) and set up regulatory reform task forces (RRTFs). These steps will facilitate the Jan. 30 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 one-in, 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 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 Such regulations should be those that adversely affect new and existing jobs; are “outdated, unnecessary, or ineffective;” generate “costs that exceed benefits”; are inconsistent or interfere with regulatory reforms.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 provide 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 its efforts to identify regulations for “repeal, replacement or modification.”