December 21, 2017
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Though the deregulatory actions planned in the Unified Agenda won’t eradicate the reams of unnecessarily and outdated regulations on the books, it will help to continue to re-focus regulators on improving the current regulatory environment before they pursue additional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.
|DHS||1652-AA53||General Aviation Security and Other Aircraft Operator Security||Withdrawal|
|DHS||1651-AB04||Air Cargo Advance Screening (ACAS)||Final|
|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|
|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|
|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|
|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|
|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|
|VA||2900-AP60||Expanded Access to Non-VA Care Through the Veterans Choice Program||Final|
|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|
|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|
|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|