The Office of Management and Budget (OMB) has released guidance on how federal agencies are to implement the President’s Executive Order (EO) entitled “Enforcing the Regulatory Reform Agenda.”  As stated in the EO, the guidance directs each agency to establish a task force to review existing regulations for modification or repeal.  

The OMB guidance indicates that the EO applies to all cabinet level agencies, as well as the Environmental Protection Agency and the National Aeronautics and Space Administration.  Independent federal agencies are not subject to the order, but they are encouraged to comply.  Any agency can also seek a waiver to the EO, but if granted a waiver, it can be revoked at any time.  The guidance specifies that agencies must include in their Fiscal Year 2019 annual performance plan a list of their deregulatory actions, including opportunities for public comment.  Agencies must also include the task force recommendations for deregulations.