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Federal Agencies Ordered to Create Regulatory Reform Teams

President Trump issued on 24 February an executive order directing federal agencies to take additional actions as part of an effort to lower regulatory burdens on U.S. businesses. This order follows previous directives freezing the issuance of new regulations for 60 days and ordering agencies to eliminate two regulations for every new regulation proposed.

Under the new executive order each federal agency will have to designate within 60 days a regulatory reform officer responsible for overseeing the implementation of regulatory reform initiatives and policies, including the termination of programmes and activities that derive from or implement executive orders, guidance documents, policy memoranda, rule interpretations and similar documents that have been rescinded.

Each agency will also have to establish a regulatory reform task force to evaluate existing regulations (using input from significantly affected entities including small businesses and trade associations) and make recommendations on whether they should be repealed, replaced, or modified. At a minimum each task force must attempt to identify regulations that (i) eliminate jobs or inhibit job creation, (ii) are outdated, unnecessary or ineffective, (iii) impose costs that exceed benefits, (iv) create a serious inconsistency or otherwise interfere with regulatory reform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) rely in whole or in part on data, information or methods that are not publicly available or are insufficiently transparent, or (vi) derive from or implement executive orders or other presidential directives that have been subsequently rescinded or substantially modified. Each task force must report on its progress within 90 days and at regular intervals thereafter.

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