MEMORANDUM

On February 24, 2017, the President of the United States signed Executive Order 13777, Enforcing the Regulatory Reform Agenda, to reduce regulatory burdens on the American people through regulatory reform.  This memo provides the Department’s initial plans to implement the Order’s requirements.  We are strongly committed to robust and timely implementation and look forward to the work that will be done on regulatory reform. 
This memorandum officially appoints the Regulatory Reform Officer (RRO) and establishes the Regulatory Reform Task Force (RRTF), as required by Executive Order 13777. Bob Eitel is designated as ED’s RRO and chair of the RRTF, and Elizabeth McFadden is designated vice chair of the RRTF. The Department’s RRTF will be comprised of the following individuals:  

• Bob Eitel – Senior Counselor to the Secretary and Regulatory Reform Officer
• Elizabeth McFadden – Deputy General Counsel for Ethics, Regulatory Services, and Legislative Counsel and Regulatory Policy Officer
• Ebony Lee – Deputy Chief of Staff for Policy
• Joe Conaty – Senior Policy Advisor, Delegated to Perform the Duties of the Deputy Secretary
• Jim Manning – Acting Under Secretary, Senior Advisor to the Under Secretary
• Jennifer Bell-Ellwanger – Director, Policy and Program Studies Service, Delegated to Perform the Duties of the Assistant Secretary, OPEPD
• Jason Botel – Acting Assistant Secretary (OESE), Principal Deputy Assistant Secretary
• Candice Jackson – Acting Assistant Secretary (OCR), Deputy Assistant Secretary for Strategic Operations and Outreach
• Ruth Ryder --  Deputy Director, Special Education Programs (OSERS), Delegated to Perform the Duties of the Assistant Secretary

The RRO will oversee the implementation of regulatory reform initiatives and policies to ensure that ED effectively carries out regulatory reforms. These initiatives and policies will include:

• Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs), regarding offsetting the number and cost of new regulations;
• Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended, regarding regulatory planning and review; 
• Section 6 of Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), regarding retrospective review; and
• The termination, consistent with applicable law, of programs and activities that derive from or implement Executive Orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been rescinded. 

The RRTF will periodically report to the Secretary and regularly consult with agency leadership. It will also evaluate existing regulations (as defined in section 4 of Executive Order 13771) and make recommendations to the Secretary regarding their repeal, replacement, or modification. Consistent with applicable law, the RRTF will identify regulations that:

• Eliminate jobs or inhibit job creation;
• Are outdated, unnecessary, or ineffective;
• Impose costs that exceed benefits;
• Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;
• Are 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 those regulations that 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; or
• Derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.

When implementing the regulatory offsets required by Executive Order 13771, the Secretary will prioritize, to the extent permitted by law, those regulations that the RRTF has identified as being outdated, unnecessary, or ineffective pursuant to this memorandum. 
On a schedule determined by the Secretary and by no later than May 25, 2017 the RRTF will provide a status report to the Secretary detailing progress on the following goals:

• Improving implementation of regulatory reform initiatives and policies; and
• Identifying regulations for repeal, replacement, or modification.

The RRTF will develop priorities and an implementation plan.  The plan will include outreach to Department stakeholders to ensure that we understand both the benefit and burden of current regulations.   
The RRTF will draw on agency staff and resources as needed to accomplish its duties, and I thank you in advance for your cooperation, prompt assistance, and commitment on this very important priority.