FEDweek

Guidance Issued on Regulatory Order

OMB in memo M-17-23 has issued guidance to agencies on carrying out President Trump’s  executive order to reduce the numbers and economic impact of their regulations.

Certain requirements apply only to Cabinet departments, the EPA and NASA but other agencies are “strongly encouraged” to meet them, the memo says. Those requirements include that annual performance plans include information on their numbers of regulatory and deregulatory actions and the net added cost or savings; and that agencies establish performance goals and report data for each performance indicator and goal.

“In addition, agencies should establish and report other meaningful performance indicators and goals for the purpose of evaluating and improving the net benefits of their respective regulatory programs (i.e., all of the existing regulations in place that address a specific regulatory objective). This likely will require measuring the costs and benefits of regulatory programs and setting goals for improving those programs’ net benefits,” it says.

“Agencies should also report on their performance in terminating, consistent with applicable law, any programs or activities that derive from or implement EOs, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been rescinded or that were terminated during the fiscal year.”

The memo also describes the procedures OMB will use for considering agency requests to waive those requirements on grounds that the agency “generally issues very few or no regulations.”