DoD Regulatory Program

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DOD Regulatory Reform Task Force

Background

Executive Order (E.O.) 13777, “Enforcing the Regulatory Reform Agenda” (February 24, 2017), requires Executive departments and agencies to appoint a Regulatory Reform Officer to oversee the implementation of regulatory reform initiatives and policies and establish a Regulatory Reform Task Force (Task Force) to review and evaluate existing regulations and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law.  Those reform initiatives and policies include E.O. 13771, "Reducing Regulation and Controlling Regulatory Costs” (January 30, 2017), Section 6 of E.O. 13563, “Improving Regulation and Regulatory Review” (January 18, 2011), and E.O. 12866, “Regulatory Planning and Review” (September 30, 1993).  DoD is implementing a three phase effort to review, implement, and sustain DoD regulations:

•     Phase I: Utilizing the DoD Task Force, assess all 716 existing, codified DoD regulations to include 350 solicitation provisions and contract clauses. The Task Force will
       present recommendations for the repeal, replacement, or modification to the Secretary of Defense on a quarterly basis through the end of December 2018.

•     Phase II: Upon Secretary of Defense approval, DoD will begin implementing the elimination of regulations. Implementation requires drafting, internal coordination, review
       by the Office of Management and Budget, and providing for notice and comment, as required by law.

•     Phase III: DoD will incorporate into its policies a requirement for component’s to sustain review of both new regulatory actions and existing regulations.

Results

As a result of the ongoing review, evaluation, and recommendations of its Task Force, DoD has identified regulatory and deregulatory actions that reduce costs to the public by eliminating unnecessary, ineffective, and duplicative regulations.  Additionally, DoD will project regulatory actions in the Unified Agenda based on the Task Force’s recommendations. Biannual updates to the Department’s Unified Agenda can be viewed at www.reginfo.gov .

Task Force recommendations may also impact the Defense Acquisition Regulation System which develops and maintains acquisition rules and guidance to facilitate the acquisition workforce as they acquire the goods and services DoD requires to ensure the continued worldwide success of America's warfighters.   When changes to the Defense Federal Acquisition Regulation Supplement (DFARS) are needed, DFARS Cases will be opened to track those regulatory or deregulatory actions.  Those cases can be viewed at http://www.acq.osd.mil/dpap/dars/case_status.html .                

Who Sits on the Task Force?

     The Office of the Deputy Chief Management Officer, Director of the Directorate for Oversight and Compliance (DO&C) who is the Department’s designated Regulatory
       Reform Officer and Chair of the Task Force;

•     The Deputy Chief Management Officer who is the Department’s designated Regulatory Policy Officer;

•     The DO&C, Chief of the Regulatory and Advisory Committee Division who is a representative from the Department’s central regulatory policy office;

•     A representative from each of the Military Departments;

•     A representative from the Under Secretary of Defense for Acquisition, Technology, and Logistics;

•     A representative from the Under Secretary of Defense for Personnel and Readiness;

•     A representative from the Office of General Counsel; and

•     Other departmental officials as determined necessary by the Chair for the completion of the mission.

FAQs

What does Executive Order (EO) 13777 require?

EO 13777 requires Executive departments and agencies to establish a Regulatory Reform Task Force (the task force) to review and evaluate existing regulations and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law.

What is the purpose behind EO 13777?

To review existing regulations to alleviate unnecessary regulatory burden and costs on the public.

When was the DoD Regulatory Reform Task Force established?

The DoD task force was established by the authority of the Deputy Secretary of Defense on April 24, 2017.

What criteria will DoD use when reviewing its existing regulations:

•     Is the rule a significant regulation?

•     Is the rule required by law? Identify law.

•     Is the rule a discretionary rule?  Identify the need.

•     Does the rule eliminate jobs, or inhibit job creation?

•     Is the rule outdated, unnecessary, or ineffective?

•     Does the rule impose costs that exceed benefits?

•     Does the rule create a serious inconsistency or otherwise interfere with the regulatory reform initiatives and policies?

•     Is the rule inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or the guidance
       issued pursuant to that provision, in particular does the rule rely in whole or in part on data, information, or methods that are not publicly available or that are
       insufficiently transparent to meet the standard for reproducibility?

•     Does the rule derive from or implement EOs or other Presidential directives that have been rescinded or modified?

 To whom does the task force report?

The Secretary of Defense or designee.  The task force will also report to the Office of Management and Budget in its annual performance plan.

How often will the task force report its progress and make recommendations?

The task force provided its initial report and recommendations to the Secretary of Defense on May 24, 2017.  The next task force report and set of recommendations will be provided to the Secretary of Defense at the end of September 2017 and quarterly thereafter.

Does the task force have performance goals and/or indicators for reporting purposes?

EO 13777 sets out the following two performance goals:

•     Improving implementation of regulatory reform initiatives and policies

•     Identifying rules for repeal, replacement, or modification

The Office of Management and Budget provided the Executive departments and agencies with the following performance indicators:

•     Number of evaluations to identify potential EO 13771 deregulatory actions that included opportunity for public input and/or peer review.

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

•     Number of EO 13771 deregulatory actions issued that address recommendations by the Regulatory Reform Task Force.

•     Number of EO 13771 regulatory actions and, separately, EO 13771 deregulatory actions issued.

•     Total incremental cost of all EO 13771 regulatory actions and EO 13771 deregulatory actions (including costs or cost savings carried over from previous fiscal years).

 Who are the members of the task force?

•     The Office of the Deputy Chief Management Officer, Director of the Directorate for Oversight and Compliance (DO&C) who is the Department’s designated Regulatory
       Reform Officer and Chair of the Task Force;

•     The Deputy Chief Management Officer who is the Department’s designated Regulatory Policy Officer;

•     The DO&C, Chief of the Regulatory and Advisory Committee Division who is a representative from the Department’s central regulatory policy office;

•     A representative from each of the Military Departments;

•     A representative from the Under Secretary of Defense for Acquisition, Technology, and Logistics;

•     A representative from the Under Secretary of Defense for Personnel and Readiness;

•     A representative from the Office of General Counsel; and

•     Other departmental officials as determined necessary by the Chair for the completion of the mission.

 When did the task force begin its work and when will it end its work?

The task for began its work on April 27, 2017, and is expected to complete its work by December 31, 2018.  However, the Task Force may be extended at the discretion of the Chair.

How often does the task force meet?

The task force meets bi-weekly or as needed to complete its work by December 31, 2018.

 Are there any subgroups to the parent task force?

 Three subgroups under the task force have been established to aid in the review of the provisions of the Defense Federal Acquisition Regulation Supplement (DFARS), the regulations of the Army Corps of Engineers, and the amendments to the Defense Health Agency TRICARE regulation.

The subgroups will provide initial recommendations to the task force.  The task force will provide final recommendations to the Secretary of Defense.

 How many existing regulations does DoD have for review?

 The task force will review the DoD components’ assessments of all 716 existing, codified DoD regulations, which include review of 350 DFARS clauses and provisions.

 Will DoD take public comments on what rules it should review?

The DoD task force will review all 716 existing, codified DoD regulations.  On June 20, 2017, DoD published a notice of solicitation in the Federal Register for its Defense Acquisition Regulation Supplement clauses and provisions. On July 20, 2017, DoD published a notice soliciting input by the United States Army, Corps of Engineers Subgroup on its existing regulations that may be appropriate for repeal, replacement, or modification. DoD will publish additional notices of solicitation in the Federal Register.