Regulatory Agenda Confirms Commitment to Deregulation

The recent release of the Trump Administration’s Unified Agenda of Regulatory and Deregulatory Actions was complete with fanfare not usually employed for the federal government’s regulatory blueprint. President Trump held an event trumpeting the administration’s achievements in its first 11 months. In a nod to his real estate development days, the president cut a ribbon in front of five giant stacks of paper symbolizing the current size of the Code of Federal Regulations.

Beyond the symbolism, the new Unified Agenda was notable for two reasons. One, which we covered previously, was the inclusion of a regulatory budget for the first time. The second is the collection of ambitious goals the administration seeks in terms of deregulatory activity.

Of the 579 actions listed in the Unified Agenda as deregulatory or regulatory, 448 are deregulatory, while 131 are regulatory. If this plan is executed as written, that would put the administration at a ratio of 3.4 deregulatory actions for every regulatory action –  well beyond the goal of two-for-one.

The chart below breaks down these actions by agency or department.

By sheer volume, the Department of Transportation leads the way in both deregulatory and regulatory actions with 83 and 51 actions, respectively. The Department of Health and Human Services is second in each category with 54 deregulatory and 23 regulatory actions.

Ten agencies expect to only issue deregulatory actions in FY 2018. Just one agency, the National Aeronautics and Space Administration, will issue a regulatory action without any deregulatory actions. This implies that it will receive a waiver from the Office of Management and Budget, based on the criteria for covered regulatory actions explained in Executive Order 13,771 and its implementing memoranda.

Though the deregulatory actions planned in the Unified Agenda won’t eradicate the reams of unnecessarily and outdated regulations on the books, it will help to continue to re-focus regulators on improving the current regulatory environment before they pursue additional burdens. It will also continue to signal to employers that federal agencies in Washington will be looking to get out of the way rather than install new obstacles to growth.

A schedule of 40 notable deregulatory and regulatory actions is below. Deregulatory actions are listed in red, while regulatory actions are in black.

Agency RIN Title Rule Stage
January 2018
DHS 1652-AA53 General Aviation Security and Other Aircraft Operator Security Withdrawal
DHS 1651-AB04 Air Cargo Advance Screening (ACAS) Final
February 2018
HHS 0938-AT23 Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction Proposed
DOD 0720-AB47 TRICARE; Reimbursement of Long-Term Care Hospitals and Inpatient Rehabilitation Facilities Final
VA 2900-AO65 Loan Guaranty: Ability-to-Repay Standards and Qualified Mortgage Definition Under the Truth in Lending Act Final
DHS 1615-AC15 Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization Proposed
March 2018
EPA 2060-AT59 Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources: Stay of Certain Requirements Final
DOT 2132-AB30 Protecting Transit Operators from the Risk of Assaults Proposed
DOT 2127-AL76 Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2022-2025 Proposed
April 2018
DHS 1601-AA34 Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure Withdrawal
HHS 0938-AT27 Hospital Inpatient Prospective Payment System for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and FY 2019 Rates Proposed
HHS 0955-AA01 Health Information Technology: Interoperability and Certification Enhancements Proposed
May 2018
EPA 2060-AR57 Review of the Primary National Ambient Air Quality Standards for Oxides of Nitrogen Final
EDUCATION 1840-AD26 Borrower Defense and Related Issues Proposed
June 2018
TREASURY 1545-BO18 Treatment of Certain Interests in Corporations as Stock or Indebtedness Proposed
TREASURY 1545-BO02 Treatment of Certain Interests Between Members of an Expanded Group Proposed
TREASURY 1515-AE03 Automated Commercial Environment (ACE) Required for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Filings Final
DOT 2130-AC46 Passenger Equipment Safety Standards Amendments Final
EDUCATION 1840-AD31 Program Integrity; Gainful Employment Proposed
EPA 2060-AT67 State Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units Proposed
TREASURY 1506-AB01 Financial Crimes Enforcement Network: Cross-Border Electronic Transmittals of Funds Proposed
July 2018
VA 2900-AP60 Expanded Access to Non-VA Care Through the Veterans Choice Program Final
August 2018
HHS 0970-AC73 Head Start Service Duration Requirements Proposed
HHS 0938-AT40 Medicaid and CHIP Managed Care Proposed
HHS 0938-AT38 Administrative Simplification; Health Care Claims Attachments Proposed
HHS 0910-AF43 Sunscreen Drug Products For Over-The-Counter-Human Use; Tentative Final Monograph Proposed
DOT 2137-AE72 Pipeline Safety:  Gas Transmission Final Rule
DOT 2120-AK77 Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable Energy Projects Proposed
September 2018
HHS 0945-AA08 HIPAA Privacy Rule:  Changing Requirement to Obtain Acknowledgment of Receipt of the Notice of Privacy Practices Proposed
HHS 0938-AT37 CY 2020 Notice of Benefit and Payment Parameters Proposed
DHS 1652-AA55 Security Training for Surface Transportation Employees Final
October 2018
EPA 2060-AT55 Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units Final
INTERIOR 1014-AA40 Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf Proposed
INTERIOR 1014-AA39 Revisions to the Blowout Preventer Systems and Well Control Rule Proposed
HHS 0910-AH92 Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of
Foods That Can Reasonably Be Consumed At One Eating Occasion; Dual-Column Labeling;
Updating, Modifying, and E
SEC 3235-AL42 Investment Company Reporting Modernization; Option for Website Transmission of Shareholder Reports Final
DOT 2127-AK95 Establish Side Impact Performance Requirements for Child Restraint Systems Final
DOT 2127-AL37 Rear Seat Belt Reminder System Proposed
HHS 0910-AH04 Mammography Quality Standards Act; Regulatory Amendments Proposed
DOE 1904-AD15 Energy Conservation Standards for Residential Conventional Cooking Products Proposed