Enforcing the Regulatory Reform Agenda

This executive order establishes a structure for federal regulatory reform by requiring agencies to designate Regulatory Reform Officers (RROs) and create Regulatory Reform Task Forces to identify regulations for repeal, replacement, or modification. It mandates progress reports and incorporates regulatory reform metrics into agency performance plans to systematically reduce regulatory burdens.

Federal Register Open PDF 82 FR 12285

Impact dates

May 25, 2017
Regulatory Reform Task Forces provide first progress report to agency head
May 25, 2017
OMB Director publishes list of agencies with waivers
Apr 25, 2017
Agency heads designate Regulatory Reform Officer
Apr 25, 2017
OMB Director issues guidance on performance indicators

Key directives

Designate Regulatory Reform Officer within 60 days (Sec. 2(a))
Establish Regulatory Reform Task Force with specified composition (Sec. 3(a))
Evaluate existing regulations against six criteria including job impact, cost-benefit balance, and outdated status (Sec. 3(d))
Seek input from affected entities including state/local/tribal governments and small businesses (Sec. 3(e))
Submit progress report within 90 days, then on agency-determined schedule (Sec. 3(g))
OMB Director issue guidance on performance indicators within 60 days (Sec. 4(a))
Incorporate regulatory reform progress into annual performance plans for 31 U.S.C. 901(b)(1) agencies (Sec. 4(a))
Consider regulatory reform progress in personnel assessments (Sec. 4(b))
Publish waiver list at least every 3 months (Sec. 5)

Who is ordered

Timeline

Immediate

Agency heads must begin designating RROs and establishing Task Forces

Near term (90d)

RRO designation due (60 days)
OMB Director guidance on performance indicators due (60 days)
First Task Force progress reports due (90 days)

Long term

Ongoing regulatory evaluation and repeal/replacement/modification recommendations
Quarterly waiver list publication by OMB Director
Annual performance plan integration for covered agencies

Risks & tensions

Potential conflict with statutory mandates if regulations are repealed without legal basis; 'consistent with applicable law' qualifier appears throughout but tension remains
Criteria in Sec. 3(d)(v) referencing reproducibility standards may target specific science-based regulations; scope depends on OMB interpretation
Sec. 3(d)(vi) creates mechanism to unwind regulations tied to rescinded EOs, but text does not specify which EOs are 'subsequently rescinded' at time of signing
Input from 'entities significantly affected' (Sec. 3(e)) may skew toward regulated industries over public interest groups; no requirement for balanced representation
Performance assessment linkage (Sec. 4(b)) could create pressure on career staff to deregulate regardless of technical merits