Trump administration to reveal which Obama-era rules it’s planning to repeal

From: The Washington Post


On Thursday, the White House’s Office of Management and Budget is planning to release a list of rules it plans to weaken or eliminate. The list will note that 469 proposals that were in the works during the Obama administration have been scrapped, and another 391 have been slowed. The administration is not releasing a full list of which regulations it’s targeting until Thursday, but they will run the gamut from significant policy measures to minor procedural measures, said Neomi Rao, who heads the White House’s Office of Information and Regulatory Affairs.


Top White House post for Neomi Rao

From: IANS live

WASHINGTON, DC — The Senate on July 10 confirmed Indian American Neomi Rao to be administrator of the White House Office of Information and Regulatory Affairs (OIRA).


OIRA has the final approval on all proposed and final rules, as well as government data collections.

Read Complete Article


Where is the Regulatory Agenda?

From: Mondaq

Article by James J. Plunkett and Harold P. Coxson | Ogletree, Deakins, Nash, Smoak & Stewart


Speaking of regulations, the administration has yet to issue a Regulatory Agenda, the comprehensive document that serves as the federal government’s forecast and timeline of regulatory activity. The Regulatory Agenda is important for employers because it puts them on notice of potential regulatory changes and provides them with an opportunity to engage with policymakers on issues that may have significant impacts on their businesses. The Regulatory Agenda is traditionally released twice each year: once in the spring and then again in the fall. There are exceptions, of course (in 2012, only a single agenda appeared, issued in late December of that year). . . .


Reformer Neomi Rao Sails Through Senate Confirmation to Become the Government’s Top Regulatory Analyst

From: Reason.com

Off the media radar, the Trump administration continues serious work on deregulation, with professionals even Democrats praise

Today the Senate confirmed Neomi Rao as administrator of the Office for Regulatory Affairs (OIRA), which is charged with vetting the federal government’s regulatory activities for cost-benefit sanity and recognizable legislative intent. Rao, founder of the Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School, has a long track record of criticizing the accrual of power and latitude at the executive branch’s regulatory agencies (see Christian Britschgi’s detailed report from earlier this month). The vote was 59-36.


Trump’s Comprehensive Plan For Reorganizing The Executive Branch About To Get Underway

Editor’s Note: The most explicit linkage between the fiscal and regulatory realm—and the most successfully enforced regulatory review program—was President Nixon’s Quality of Life Review  which was “conducted by the ‘budget’ side of OMB meaning that those conducting the reviews not only reviewed an agency’s regulations but also its budget, personnel level, information collections and its overall policies to assess, and enforce, their compliance with Presidential policy. In addition the Nixon program granted OMB the authority to review guidance and related quasi-rulemaking documents.” See here.

From: Forbes | Opinion


In Praise of the ‘Deep State’

From: Bloomberg

Trump’s nominee for the office that vets regulations says the right things about career civil servants.

by Cass R Sunstein


A paragraph in Rao’s opening statements deserves sustained applause:

Reading through OIRA’s statutory authorities as well as Executive Orders and OMB Guidance, I have been struck by the consistency of the principles guiding the work of the office across administrations. Perhaps this is one reason so many talented professionals work at OIRA and often stay for many years serving presidents of different parties.



White House Thinking on Regulatory Budget Still Developing

Editor’s Note: See, A Website Dedicated to the Implementation of a Regulatory Budget.

From: BNA/Daily Report for Executives

By Cheryl Bolen


Still Untested

Broadly, EO 13,771 requires agencies to take two deregulatory actions for every new rule they issue. The order also requires agencies in fiscal year 2017 to completely offset the cost of the new rule through cuts in existing rules.

The requirements of the executive order apply to rules finalized in this fiscal year that impose costs. It is unclear whether, or how many, rules currently pending at the Office of Information and Regulatory Affairs (OIRA) would do that.


Hatch Introduces Former Staffer for Office of Information and Regulatory Affairs Administrator

From: United States Senator for Utah – Orrin Hatch

Washington, D.C.—Today, Senator Orrin Hatch, R-Utah—the senior member and former Chairman of the Senate Judiciary Committee—introduced his former staffer, Neomi Rao, to the Homeland Security and Governmental Affairs Committee. Rao has been nominated by the President to serve as the next Administrator of the Office of Information and Regulatory Affairs (OIRA). Senator Hatch expressed his strong support for Rao’s confirmation and also outlined his agenda to further regulatory reform.

Statement on Professor Neomi Rao and regulatory reform:


EPA, Energy Among Few Agencies Complying With Regulatory Order

From: Bloomberg/BNA

By Madi Alexander and Cheryl Bolen

The environmental and energy agencies appear to be far ahead of other federal agencies in complying with executive orders signed months ago by President Donald Trump, aimed at repealing or streamlining regulations, according to data compiled by Bloomberg BNA.


No Word From Most Regulators

Most agencies, including the Department of Health and Human Services, which is the top federal regulator, didn’t respond to requests for information from Bloomberg BNA. The Food and Drug Administration referred questions about its compliance to the White House. An EPA spokesperson confirmed its task force would meet the May 25 deadline for submitting its report to the administrator.


White House faces rough road to deregulation as its favorite tool, the Congressional Review Act, expires

Editor’s Note: For an alternative deregulatory tool, see here.

From: The Washington Examiner

by Sarah Westwood

President Trump and his team have touted their extensive use of the Congressional Review Act to roll back Obama-era regulations as a major accomplishment of the president’s first 100 days in office. But their window for using this legislative tool is set to close, and Republicans must find new ways to erase rules put in place by Trump’s predecessor.

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