Insight
October 25, 2018
Major Rules Ahead in the Fall 2018 Regulatory Agenda
On October 17, the Trump Administration’s Office of Information and Regulatory Affairs (OIRA) released the fall edition of its Unified Agenda as well as an update on regulatory budgeting under Executive Order (EO) 13,771. The American Action Forum (AAF) has summarized the general findings of those documents here and here. The tables below provide a chronological look at “major” actions that could apply to agencies’ regulatory budgets going forward and – where possible – their potential impact.
The rulemaking entries included in the following tables are those 1) designated as “major rules” that 2) carry a “regulatory,” “deregulatory,” or “other” categorization, and that 3) agencies anticipate to be in either the proposed rule or final rule phase over the next year or so. Where possible, AAF has included an agency-based cost or saving estimate. These were either the proposed version’s estimates, or, in the case of those deregulatory actions with an asterisk, the original cost estimate of the regulation it seeks to repeal or revise.
Using those estimates, the administration could expect roughly $27 billion in total net savings from the rules below. This figure is merely illustrative of the kind of impact that could be expected, as these estimates could change significantly upon finalization and this list contains only a small subset of rules that could potentially affect the next regulatory budget tally. But if this estimate is anywhere near correct, the administration is proposing significant regulatory savings.
October 2018 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
0584-AE57 | Department of Agriculture | Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents | Regulatory | Proposed Rule | n/a |
1990-AA39 | Department of Energy | Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation | Regulatory | Proposed Rule | n/a |
0938-AT37 | Department of Health and Human Services | CY 2020 Notice of Benefit and Payment Parameters | Other | Proposed Rule | n/a |
0938-AT59 | Department of Health and Human Services | Policy and Technical Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2020 | Deregulatory | Proposed Rule | n/a |
0938-AT90 | Department of Health and Human Services | Health Reimbursement Arrangements and Other Account-Based Group Health Plans | Deregulatory | Proposed Rule | n/a |
1615-AA22 | Department of Homeland Security | Inadmissibility on Public Charge Grounds | Other | Proposed Rule | 1,296 |
1235-AA21 | Department of Labor | Tip Regulations Under the Fair Labor Standards Act (FLSA) | Deregulatory | Proposed Rule | n/a |
2130-AC46 | Department of Transportation | Passenger Equipment Safety Standards Amendments | Deregulatory | Final Rule | -4,600* |
November 2018 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
0581-AD54 | Department of Agriculture | National Bioengineered Food Disclosure Standard | Other | Final Rule | 5,900 |
0938-AS59 | Department of Health and Human Services | Revisions to Requirements for Discharge Planning for Hospitals, Critical Access Hospitals, and Home Health Agencies | Regulatory | Final Rule | 1,900 |
0938-AT28 | Department of Health and Human Services | CY 2019 Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System, Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) | Regulatory | Final Rule | 9 |
0938-AT29 | Department of Health and Human Services | CY 2019 Home Health Prospective Payment System Rate Update and CY 2020 Case-Mix Adjustment Methodology Refinements;Value-Based Purchasing Model; Quality Reporting Requirements | Other | Final Rule | -60 |
0938-AT30 | Department of Health and Human Services | CY 2019 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Changes and Payment Rates | Deregulatory | Final Rule | -51.4 |
0938-AT31 | Department of Health and Human Services | CY 2019 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medicare Part B and the Quality Payment Program | Regulatory | Final Rule | 3,319 |
0945-AA10 | Department of Health and Human Services | Protecting Statutory Conscience Rights in Health Care; Delegations of Authority | Regulatory | Final Rule | 814.3 |
0910-AF43 | Department of Health and Human Services | Sunscreen Drug Products For Over-The-Counter-Human Use; Tentative Final Monograph | Regulatory | Proposed Rule | n/a |
0910-AH04 | Department of Health and Human Services | Mammography Quality Standards Act; Amendments to Part 900 Regulations | Regulatory | Proposed Rule | n/a |
0938-AT36 | Department of Health and Human Services | Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction | Deregulatory | Proposed Rule | n/a |
0938-AT40 | Department of Health and Human Services | Medicaid and CHIP Managed Care | Other | Proposed Rule | n/a |
0938-AT55 | Department of Health and Human Services | Proficiency Testing Regulations Related to Analytes and Acceptable Performance | Regulatory | Proposed Rule | n/a |
0955-AA01 | Department of Health and Human Services | 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program | Regulatory | Proposed Rule | n/a |
1652-AA55 | Department of Homeland Security | Security Training for Surface Transportation Employees | Other | Final Rule | 157.3 |
1615-AC15 | Department of Homeland Security | Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization | Other | Proposed Rule | n/a |
1545-BP03 | Department of the Treasury | Capital Gains Invested in Opportunity Zones | Regulatory | Proposed Rule | n/a |
December 2018 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
1840-AD31 | Department of Education | Program Integrity; Gainful Employment | Other | Final Rule | -209 |
0938-AT38 | Department of Health and Human Services | Adoption of Standards for Health Care Attachments Transactions, Acknowledgments Transactions, Electronic Signatures, and Modification to Referral Certification and Authorization Standard | Other | Proposed Rule | n/a |
0938-AT79 | Department of Health and Human Services | Interoperability and Patient Access | Regulatory | Proposed Rule | n/a |
1651-AB06 | Department of Homeland Security | Western Hemisphere Travel Initiative (WHTI)—Noncompliant Traveler Fee | Regulatory | Proposed Rule | n/a |
1140-AA52 | Department of Justice | Bump-Stock-Type Devices | Regulatory | Final Rule | 298.1 |
1014-AA39 | Department of the Interior | Revisions to the Blowout Preventer Systems and Well Control Rule | Deregulatory | Final Rule | -946.2 |
1515-AE23 | Department of the Treasury | Modernized Drawback | Other | Final Rule | 58.4 |
1545-BO69 | Department of the Treasury | Guidance Under Section 199A (Anti-Abuse) | Regulatory | Proposed Rule | n/a |
1545-BO70 | Department of the Treasury | Guidance Under Section 199A for Cooperatives | Regulatory | Proposed Rule | n/a |
1545-BO71 | Department of the Treasury | Guidance Under Section 199A | Regulatory | Proposed Rule | 1,317 |
1545-BP04 | Department of the Treasury | Qualified Opportunity Funds | Regulatory | Proposed Rule | n/a |
2132-AB30 | Department of Transportation | Protecting Transit Operators From the Risk of Assaults | Regulatory | Proposed Rule | n/a |
2900-AQ42 | Department of Veterans Affairs | Economic Growth, Regulatory Relief, and Consumer Protection Act | Other | Final Rule | n/a |
January 2019 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
0584-AE62 | Department of Agriculture | Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP) | Regulatory | Proposed Rule | n/a |
1840-AD26 | Department of Education | Institutional Accountability | Other | Final Rule | 1.2 |
1904-AD34 | Department of Energy | Energy Conservation Standards for Commercial Water Heating Equipment | Regulatory | Final Rule | 2,500 |
1904-AD20 | Department of Energy | Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces | Regulatory | Proposed Rule | 9,200 |
0938-AT66 | Department of Health and Human Services | Patient Protection and Affordable Care Act; Adoption of the Methodology for the HHS-Operated Permanent Risk Adjustment Program for the 2018 Benefit Year Proposed Rule | Other | Final Rule | n/a |
1082-AA01 | Department of the Interior | Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf | Deregulatory | Proposed Rule | -2,050* |
1506-AB01 | Department of the Treasury | Financial Crimes Enforcement Network: Cross-Border Electronic Transmittals of Funds | Regulatory | Proposed Rule | n/a |
2137-AF06 | Department of Transportation | Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture Detection Standards | Regulatory | Proposed Rule | n/a |
2900-AQ26 | Department of Veterans Affairs | VA Claims and Appeals Modernization | Deregulatory | Final Rule | -6.3 |
2060-AU28 | Environmental Protection Agency | Renewable Fuel Standard Program Modification of Applicable Volumes, 2020 Standards, and Other Changes | Regulatory | Proposed Rule | n/a |
February 2019 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
1904-AD15 | Department of Energy | Energy Conservation Standards for Residential Conventional Cooking Products | Regulatory | Proposed Rule | 800 |
0970-AC73 | Department of Health and Human Services | Head Start Service Duration Requirements | Deregulatory | Proposed Rule | n/a |
1653-AA77 | Department of Homeland Security | Visa Security Program Fee | Other | Proposed Rule | n/a |
2900-AQ47 | Department of Veterans Affairs | Veterans Community Walk-in Care | Other | Proposed Rule | n/a |
March 2019 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
1904-AC11 | Department of Energy | Energy Conservation Standards for Manufactured Housing | Regulatory | Proposed Rule | 4,100 |
0938-AS84 | Department of Health and Human Services | Program Integrity Enhancements to the Provider Enrollment Process | Regulatory | Final Rule | 819.7 |
0930-AA32 | Department of Health and Human Services | Coordinating Care and Information Sharing in the Treatment of Substance Use Disorders | Deregulatory | Proposed Rule | n/a |
0938-AT88 | Department of Health and Human Services | Medicare Coverage of Innovative Technologies | Other | Proposed Rule | n/a |
2137-AE72 | Department of Transportation | Pipeline Safety: Safety of Gas Transmission Pipelines, MAOP Reconfirmation, Expansion of Assessment Requirements and Other Related Amendments | Regulatory | Final Rule | 711 |
2060-AT55 | Environmental Protection Agency | Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units | Deregulatory | Final Rule | -51,600 |
2060-AT67 | Environmental Protection Agency | Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program |
Regulatory | Final Rule | -6,400 |
April 2019 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
0910-AI08 | Department of Health and Human Services | Institutional Review Boards; Cooperative Research | Deregulatory | Proposed Rule | n/a |
0938-AT67 | Department of Health and Human Services | FY 2020 Inpatient Rehabilitation Facility (IRF) Prospective Payment System Rate Update and Quality Reporting Requirements | Other | Proposed Rule | n/a |
0938-AT71 | Department of Health and Human Services | FY 2020 Hospice Wage Index, Payment Rate Update, and Quality Reporting Requirements | Other | Proposed Rule | n/a |
0938-AT73 | Department of Health and Human Services | Hospital Inpatient Prospective Payment System for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and FY 2020 Rates | Other | Proposed Rule | n/a |
0938-AT75 | Department of Health and Human Services | FY 2020 Skilled Nursing Facility (SNFs) Prospective Payment System Rate Update and Quality Reporting Requirements | Other | Proposed Rule | n/a |
1545-BO97 | Department of the Treasury | MEPs and the Unified Plan Rule | Regulatory | Proposed Rule | n/a |
May 2019 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
1545-BO99 | Department of the Treasury | Section 4960 Excise Tax on Tax-Exempt Organization Compensation | Other | Proposed Rule | n/a |
2127-AL37 | Department of Transportation | Rear Seat Belt Reminder System | Regulatory | Proposed Rule | n/a |
2900-AQ45 | Department of Veterans Affairs | Veterans Care Agreements | Other | Interim Final Rule | n/a |
2900-AQ46 | Department of Veterans Affairs | Veterans Community Care Program | Other | Interim Final Rule | n/a |
June 2019 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
1840-AD36 | Department of Education | State Authorization and Related Issues | Other | Proposed Rule | n/a |
1840-AD37 | Department of Education | Accreditation and Related Issues | Other | Proposed Rule | n/a |
0938-AS21 | Department of Health and Human Services | Hospital and Critical Access Hospital (CAH) Changes to Promote Innovation, Flexibility, and Improvement in Patient Care | Regulatory | Final Rule | 5,700 |
0938-AT68 | Department of Health and Human Services | CY 2020 Home Health Prospective Payment System Rate Update and Quality Reporting Requirements | Other | Proposed Rule | n/a |
0938-AT70 | Department of Health and Human Services | CY 2020 Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System, Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) | Other | Proposed Rule | n/a |
0938-AT72 | Department of Health and Human Services | CY 2020 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medicare Part B | Other | Proposed Rule | n/a |
0938-AT74 | Department of Health and Human Services | CY 2020 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Changes and Payment Rates | Other | Proposed Rule | n/a |
1515-AE03 | Department of the Treasury | Automated Commercial Environment (ACE) Required for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Filings | Deregulatory | Final Rule | n/a |
2120-AK77 | Department of Transportation | Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable Energy Projects | Regulatory | Proposed Rule | n/a |
September 2019 | |||||
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | POTENTIAL COSTS/SAVINGS ($M) |
0938-AT85 | Department of Health and Human Services | Miscellaneous Medicare Secondary Payer Clarifications and Updates | Regulatory | Proposed Rule | n/a |
1545-BO18 | Department of the Treasury | Treatment of Certain Interests in Corporations as Stock or Indebtedness | Deregulatory | Proposed Rule | n/a |
2127-AK95 | Department of Transportation | Establish Side Impact Performance Requirements for Child Restraint Systems (MAP-21) | Regulatory | Final Rule | 3.7 |
AMBIGUOUS RULEMAKINGS
There are also a handful of rulemaking entries within the scope of analysis for which it is difficult to discern their near-term impact (at least based strictly upon the Unified Agenda’s projections).
RIN | AGENCY | TITLE | EO 13771 DESIGNATION | ACTION | TIME |
2127-AL76 | Department of Transportation | The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021–2026 Passenger Cars and Light Trucks | Deregulatory | Analyzing Comments | Nov 2018 |
1601-AA52 | Department of Homeland Security | Ammonium Nitrate Security Program | Other | Notice of Availability | February 2019 |
0938-AT45 | Department of Health and Human Services | Medicare Shared Savings Program; Accountable Care Organizations (CMS-1701-F) | Deregulatory | Final Rule | August 2021 |
0938-AT23 | Department of Health and Human Services | Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction (CMS-3346-F) | Deregulatory | Final Rule | September 2021 |
The first entry, the “SAFE Rule,” lists its next action merely as “Analyzing Comments.” The proposed rule was published this past August and includes total possible estimated savings in excess of half a trillion dollars. In fact, the deregulatory measure’s effect is so monumental that the administration notes that it may be best to consider its impact outside the scope of the regulatory budget. The administration also notes that it anticipates the rule’s final version will come in the next year, despite the Unified Agenda’s ambiguity.
The other three ambiguous rules are notable for their own uncertainties. The “Ammonium Nitrate Security Program” has a rulemaking history going back roughly a decade, and according to the Unified Agenda, the next action involving it is the release of “technical research, testing, and findings related to the feasibility of weaponizing commercially available products containing ammonium nitrate.” The pair of rulemakings from the Department of Health and Human Services (HHS) have a projected finish date in 2021. Given that HHS has a fiscal year (FY) 2019 goal of nearly $9 billion in total savings and these are two recently proposed deregulatory measures, it would not be surprising to see these become final ahead of schedule.
CONCLUSION
The Unified Agenda is hardly a set-in-stone schedule, but it can be helpful in determining the rough timeframe of rulemaking activity. The rules listed above include some of the administration’s most significant actions (e.g. repeal of the Clean Power Plan). Coming out of FY 2018, this administration appears to be building upon its historic deregulatory trend with even more ambitious goals. The actions listed here will undoubtedly play a substantial part in agencies meeting – or exceeding – those goals.