March 24, 2017

Trade Associations Ask OMB to Review EEO-1 Pay Data Report

From: The National Law Review

Article By James J. Plunkett | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Over the last couple of weeks, much of the media in Washington, D.C., has turned its attention to the new director of the Office of Management and Budget (OMB), former South Carolina congressman Mick Mulvaney. This is because Mulvaney is in charge of advancing the administration’s first federal budget proposal, as well as coordinating Republicans’ efforts to dismantle the Affordable Care Act (ACA). What goes unnoticed, however, is that Mulvaney and his office will play a crucial role in the employer community’s efforts to ease the regulatory burdens that have piled up over the last several years. Here’s just one way how.

March 21, 2017

Mayor Implores OMB to Reconsider FDA Regs

From: Stogie Guys

1) Tomás Regalado. . . , mayor of Miami, this week sent a letter to the director of the White House Office of Management and Budget, imploring the agency to reconsider FDA regulation of cigars in light of “the new administration and its own regulatory review and reconsideration process.” An email alert from Cigar Rights of America applauds Mayor Regalado for the letter, which calls for a comprehensive economic impact analysis, as well as a reexamination of “option two,” which would exempt premium cigars from the regulation. The letter can be read in its entirety here. . . .

March 2, 2017

OMB Labels Fiduciary Regulations ‘Economically Significant’

From: PlanAdvisor

The long-running fight over the fiduciary rule took another (symbolic) step forward this week—but still there is little clarity as to what may unfold prior to the first deadlines in April. 

By John Manganaro

An updated landing page tracking the Office of Management and Budget’s (OMB) review of the Department of Labor (DOL) fiduciary rule, championed by former President Barack Obama but now being attacked by current President Donald Trump, shows the OMB has officially labeled the effort to halt the fiduciary regulations as “economically significant.”

February 28, 2017

Trump issues executive orders on HBCUs, environmental regulations

From: CBS News

By JACQUELINE ALEMANY

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The White House Initiative on Historically Black Colleges and Universities was started by President Jimmy Carter, but the Trump administration says the office has “lost track because they didn’t have the full force of the White House behind it.”

Mr. Trump, who is expected to list campaign promises he has fulfilled and executive orders he has signed during his first Presidential address, will also sign an executive order that will instruct a review of the Waters of the U.S. Rule (WOTUS) by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers.

February 24, 2017

For fisheries regulations, a Trump edict signals uncertainty

From: Portland Press Herald

There’s some dispute about how routine rules would be affected, but larger actions would be all but undoable under the presidential executive order.

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However, on Feb. 2 the acting head of OMB’s Office of Information and Regulatory Affairs issued an advisory memo that clarified that the president’s order applied only to “significant regulatory actions” as defined under a 1993 executive order issued by President Bill Clinton. The memo is posted at the White House’s website, suggesting it has presidential approval.

February 17, 2017

Awaiting new Labor secretary, staff takes on larger role in fiduciary rule’s fate

From: Investment News

Putting together a new cost-benefit analysis could be tricky for DOL staff, who spent the last six years working on a regulation that already was assessed and has been upheld by three court decisions so far

By Mark Schoeff Jr.

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While the new administration tries to find its footing, the April 10 implementation date for the DOL rule, which raises investment advice standards in retirement accounts, is bearing down. A DOL proposal to delay the applicablity of the rule, likely for 180 days, has been filed at the Office of Management and Budget, whose new director, former Rep. Mick Mulvaney, was just confirmed by the Senate on Thursday. That delay proposal, not yet approved, will probably come with its own two-week comment period.

February 15, 2017

Agency ends review of Trump’s ACA mystery order

From: LifeHealthPro

Whatever is in there is ‘economically significant’

By Allison Bell

Federal regulation reviewers have stopped working on a Centers for Medicare & Medicaid Services proposal for saving the major medical insurance market.

The Office of Information and Regulatory Affairs, part of the Office of Management and Budget, says it concluded its review of the proposal, a draft of an executive order, on Friday.

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February 14, 2017

DEA Removes Marijuana Misinformation from Website After Months of Public, Legal Pressure

From: Americans for Safe Access

Anna Zuccaro

Americans for Safe Access Says Not Good Enough, Still in Violation of IQA

After months of public pressure, the Drug Enforcement Administration (DEA) has removed factually inaccurate information from its website. The change comes after Americans for Safe Access, a national nonprofit dedicated to ensuring safe and legal access to medical cannabis for therapeutic use and research, filed a legal request with the Department of Justice last year demanding that the DEA immediately update and remove factually inaccurate information about cannabis from their website and materials.

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February 10, 2017

Trump Administration Withdraws Omnibus Guidance, Delays Final Rule on 340B Drug Pricing and CMPs

From: Lexology

Richard P. Church and Ryan J. Severson | K&L Gates

January 27, 2017

US Mine Safety Health Administration’s Newly-Issued Workplace Examination Rule Withdrawn Pending OMB Review and Approval

From: The National Law Review

Article By Anne D. Harrington | Squire Patton Boggs (US) LLP

In the final days of the Obama Administration, the US Mine Safety and Health Administration (MSHA) released the much anticipated “Examinations of Working Places in Metal and Nonmetal Mines” final rule amending 30 CFR Sections 56.18002 and 57.18002.  The final rule was published in the Federal Register on January 23, 2017 with an effective date of May 23, 2017 notwithstanding a broad regulatory freeze affecting all federal agencies issued on January 20, 2017 by President Trump’s Chief of Staff.

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