White House Calls for “Regulatory Reform Task Forces”; OMB Sends Guidance Memorandum to Heads of Departments and Agencies
On February 24, President Trump signed an Executive Order directing the “head of each agency” to establish a “Regulatory Reform Task Force,” led by a designated “Regulatory Reform Officer,” who is responsible for reviewing existing regulations and making “recommendations to the agency head regarding their repeal, replacement, or modification.” Specifically, the Regulatory Reform Task Forces are charged with identifying regulations that: (i) “eliminate jobs, or inhibit job creation”; (ii) are outdated, unnecessary, or ineffective; (iii) “impose costs that exceed benefits”; (iv) create a “serious inconsistency or otherwise interfere with regulatory reform initiatives and policies”; (v) are inconsistent with OMB’s “Information Quality Guidelines”; or (vi) implement Executive Orders or Presidential directives that have been repealed or substantially modified.
Among other things, the Order instructs the OMB Director to issue guidance outlining requirements for the incorporation of regulatory reform “performance indicators” into agencies’ annual performance plans and potentially “address[ing] how agencies not otherwise covered under this subsection should be held accountable for compliance with this order. The Order requires that the task forces solicit input from “entities significantly affected by Federal regulations, including state, local, and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations,” and submit a report to the agency head within 90 days.
Thereafter, on February 28, recently-confirmed Director of the Office of Management and Budget (OMB) Mick Mulvaney released a memorandum and attachment for the heads of all offices in the Executive Office of the President (EOP) and Executive agencies, which summarizes the major elements of the legislative clearance function that the OMB, working with other offices, carries out on behalf of the President. The memorandum (OMB Circular No. A-19) details the requirements and procedures for legislative coordination and clearance, while the attachment summarizes the major elements and the essential purposes of the clearance process.
Among other things, the memorandum recommends that, in supporting the “President’s Program,” agencies within the Administration should: (i) submit to Congress legislative proposals needed to carry out the President’s Program; (ii) convey the Administration’s views on legislation that Congress has under consideration; and (iii) recommend approval or disapproval of bills passed by Congress. According to the memorandum, the primary goals of the clearance process are twofold: (i) to ensure that an agencies’ legislative communications with Congress are consistent with the President’s policies and objectives; and (ii) to allow for the Administration to “speak with one voice” regarding legislation.