FY 2021 Annual Performance Plan and Report - Regulatory Reform

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Regulatory Reform

On January 30, 2017, President Trump issued Executive Order (EO) 13771 Reducing Regulation and Controlling Regulatory Costs. This EOrequires agencies to identify two deregulatory actions for every new significant regulatory action issued. Deregulatory actions should offset any new incremental costs associated with new regulatory actions. On February 24, 2017, the President issued EO 13777 Enforcing the Regulatory Reform Agenda. This EO directed agencies to establish a Regulatory Reform Task Force to review and evaluate existing regulations and to make recommendations for repeal or simplification. On April 28, 2017, the Administration published OMB Memorandum M-17-23, Regulatory Reform Officers and Regulatory Policy Officers at Executive Departments and Agencies. This EO provided guidance on the regulatory reform performance indicators that agencies must incorporate into their annual performance plans. HHS tracks progress on regulatory reform through six measures.

Number of evaluations to identify potential EO 13771 deregulatory actions that included opportunities for public input and/or peer review (RR1)

These results include all actions evaluated on a monthly basis by the HHS Regulatory Reform working groups. During FY 2018 and FY 2019, the Department identified 126 deregulatory actions. Since the Department identified such a significant number of deregulatory actions in FY 2018, HHS has fewer actions that it can evaluate. For example, in FY 2020, HHS has set an evaluation target for six actions. Also in FY 2020, the Department will begin conducting evaluations every other month.

Number of EO 13771 deregulatory actions recommended by the Regulatory Reform Task Force to the agency head, consistent with applicable law (RR2)

In FY 2018 and FY 2019, the HHS Regulatory Reform Task Force recommended 94 of the actions that the workgroup submitted. Of the 76 remaining deregulatory actions, HHS predicts that the Task Force will approve 6 actions. Many of the submitted actions are not deregulatory based on Executive Order definitions. Other deregulatory actions will require more detail before the Task Force can make a recommendation.

Number of EO 13771 deregulatory actions issued that address recommendations by the Regulatory Reform Task Force (final/published) (RR3)

The Department expects to finalize four deregulatory actions in FY 2020. The Regulatory Reform Task Force recommended all deregulatory actions appearing on the HHS FY 2019 13771 Cost Allocation table.

Number of EO 13771 regulatory actions issued (final/published) (RR4a)

The Department expects to finalize 12 regulations in FY 2020.

Number of EO 13771 deregulatory actions issued (final/published) (RR4b)

The Department expects to finalize four deregulatory actions in FY 2020.

Total incremental cost of all EO 13771 regulatory actions and EO 13771 deregulatory actions (RR5)

In FY 2020, the Department expects to decrease total incremental cost by $100 million in annualized dollars.