White House’s 261 Big Rules in the Pipeline Herald More Regulation than Deregulation

No matter the presidential administration, federal agencies issue thousands of rules and regulations every year, compared to a relative handful of laws passed by Congress.

We got a partial reprieve from Washington’s big-government ways in 2017 from Trump administration moves like an executive order requiring that agencies ditch at least two rules for every significant one they add.

The White House’s new 2020 Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions is a way of looking at the executive branch’s progress in adhering to President Trump’s goal to eliminate two regulations for every “significant regulatory action” adopted.

The goal has been met, including in 2020, but the pipeline indicates we’d be bidding it farewell in a new administration.  

The costliest among the significant rules in the Agenda are further classified as “economically significant,” which loosely means they exhibit additional heft by sporting at least $100 million in annual effect, either imposing costs or reducing them. It’s usually the former.

The Fall 2020 Unified Agenda reports on 3,852 rules and regulations at the “active,” “completed,” and “long-term” stages of the regulatory pipeline, many of them holdovers from earlier volumes.

Among these 3,852 rules, there are 261 “economically significant” ones in the queue broken down as follows: 119 active, 29 long-term, and 44 recently completed. There had been 192 back in fall 2019. The count has been rising since Trump’s first year.

A substantial part of the rise in rules in 2020 is explained by Trump’s figures containing numerous rules that are classified as “deregulatory.” There are 36 of these. The Unified Agenda database under the Trump administration now includes a radio button to click to distinguish these from all the rest.

Also explaining some of the increase in rules is the presence of many rules that address the COVID-19 crisis. For example, there are 25 economically significant rules issued by the Small Business Administration in support of the Paycheck Protection Program, and three such rules at the Department of the Treasury. Infuriatingly, this is a major government program, yet these are not deemed regulatory or deregulatory.  

There is also a “regulatory” button. And the “one-in, two-out” mandate notwithstanding, 76 economically significant rules in the pipeline are regulatory, amounting to 29 percent of the total.  

Now, the two-for-one requirement only applies to completed rules, not the whole flow. But the trends are wrong for two-for-one to call the shots over time without major intervention. This is why other approaches to restraint, disclosure, and accountability mandated by Congress are important.

The full list of 261 economically significant rules and regulations in the Fall 2020 Unified Agenda appears below, broken down by department or agency, by stage of completion, and by whether the rules are deregulatory or regulatory, or part of that gray area in between.

Inventory of 261 “Economically Significant” Rules in the Pipeline

14 percent are Deregulatory (36 Deregulatory and 76 Regulatory)

Source:  Source: Compiled by Wayne Crews from “The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions,” http://www.reginfo.gov.

Note:  The “Regulation Identifier Number” or RIN appears at the end of each entry below. For additional information see “How to Use the Unified Agenda,” http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/UA_HowTo.jsp.

*36 Deregulatory actions highlighted bold 

*76 Regulatory actions highlighted in italics

ACTIVE RULEMAKINGS (261 actions,  20 of them Deregulatory, 51 Regulatory)

DEPARTMENT OF AGRICULTURE

  1. USDA/FSA, Final Rule Stage, Quality Loss Adjustment Program, 0560-AI55
  2. USDA/RBS, Final Rule Stage, B&I CARES Act Guaranteed Loan Program, 0570-AB07
  3. USDA/RUS, Final Rule Stage, Rural Broadband Grant, Loan, and Loan Guarantee Program, 0572-AC46
  4. USDA/RUS, Final Rule Stage, Rural eConnectivity Program (ReConnect Program), 0572-AC51
  5. USDA/NRCS, Final Rule Stage, Regional Conservation Partnership Program (RCPP), 0578-AA70
  6. USDA/AMS, Final Rule Stage, Establishment of a Domestic Hemp Production Program, 0581-AD82
  7. USDA/FSIS, Final Rule Stage, Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed, 0583-AD56
  8. USDA/FNS, Proposed Rule Stage, Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program (SNAP), 0584-AE71
  9. USDA/FNS, Proposed Rule Stage, Supplemental Nutrition Assistance Program: Procedural Requirements for Households that Have Zero Gross Countable Income and Include a Work Registrant, 0584-AE76
  10. USDA/FNS, Proposed Rule Stage, Child Nutrition Programs: Restoration of Milk, Whole Grains, and Sodium Flexibilities, 0584-AE81
  11. USDA/FNS, Final Rule Stage, Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP), 0584-AE62
  12. USDA/FNS, Final Rule Stage, Supplemental Nutrition Assistance Program (SNAP): Standardization of State Heating and Cooling Standard Utility Allowances, 0584-AE69
  13. USDA/FNS, Final Rule Stage, Supplemental Nutrition Assistance Program Requirement for Interstate Data Matching, 0584-AE75

DEPARTMENT OF COMMERCE

  1. DOC/NOAA, Final Rule Stage, Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 0648-BB38

DEPARTMENT OF DEFENSE

  1. DOD/DARC, Final Rule Stage, Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041), 0750-AK81
  2. DOD/OS, Final Rule Stage, National Industrial Security Program Operating Manual (NISPOM), 0790-AK85

DEPARTMENT OF EDUCATION

  1. ED/OPE, Final Rule Stage, Federal-State Relationship Agreements, Pell Grant, ACG, National Smart Grant and LEAP, 1840-AD46
  2. ED/OPE, Final Rule Stage, Total and Permanent Disability Discharge of Loans Under Title IV of the Higher Education Act, 1840-AD48
  3. ED/OPE, Final Rule Stage, Student Eligibility-General, and Approved State Process, 1840-AD51

DEPARTMENT OF ENERGY

  • DOE/ENDEP, Proposed Rule Stage, Executive Order 13920 “Securing the United States Bulk-Power System” (BPS E.O.), 1901-AB53
  • DOE/EE, Proposed Rule Stage, Energy Conservation Standards for Manufactured Housing, 1904-AC11
  • DOE/EE, Proposed Rule Stage, Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces, 1904-AD20
  • DOE/EE, Proposed Rule Stage, Energy Conservation Standards for Commercial Water Heating Equipment, 1904-AD34
  • DOE/OGC, Proposed Rule Stage, Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation, 1990-AA39

DEPARTMENT OF HEALTH AND HUMAN SERVICES

  • HHS/FDA, Proposed Rule Stage, Medication Guide; Patient Medication Information, 0910-AH68
  • HHS/FDA, Proposed Rule Stage, Institutional Review Boards; Cooperative Research, 0910-AI08
  • HHS/FDA, Proposed Rule Stage, Nutrient Content Claims, Definition of Term: Healthy, 0910-AI13
  • HHS/FDA, Proposed Rule Stage, Tobacco Product Standard for Characterizing Flavors in Cigars, 0910-AI28
  • HHS/FDA, Proposed Rule Stage, Requirements for Additional Traceability Records for Certain Foods, 0910-AI44
  • HHS/FDA, Proposed Rule Stage, Revising the National Drug Code Format and Drug Labeling Barcode Requirements, 0910-AI52
  • HHS/FDA, Final Rule Stage, General and Plastic Surgery Devices: Restricted Sale, Distribution, and Use of Sunlamp Products, 0910-AH14
  • HHS/FDA, Final Rule Stage, Prohibition of Sale of Tobacco Products to Persons Younger Than 21 Years of Age, 0910-AI51
  • HHS/OIG, Final Rule Stage, Removal of Safe Harbor Protection for Rebates to Plans or PBMs Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection, 0936-AA08
  • HHS/OIG, Final Rule Stage, Revisions to the Safe Harbors Under the Anti-Kickback Statute and Beneficiary Inducements Civil Monetary Penalties Rules Regarding Beneficiary Inducement, 0936-AA10
  • HHS/CMS, Prerule Stage, CY 2021 Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts (CMS-8074), 0938-AU14
  • HHS/CMS, Prerule Stage, CY 2021 Part A Premiums for the Uninsured Aged and for Certain Disabled Individuals Who Have Exhausted Other Entitlement (CMS-8075), 0938-AU15
  • HHS/CMS, Prerule Stage, Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual Deductible Beginning January 1, 2021 (CMS-8076), 0938-AU16
  • HHS/CMS, Proposed Rule Stage, Conditions for Coverage for End-Stage Renal Disease Facilities–Third Party Payments (CMS-3337), 0938-AT11
  • HHS/CMS, Proposed Rule Stage, Miscellaneous Medicare Secondary Payer Clarifications and Updates (CMS-6047), 0938-AT85
  • HHS/CMS, Proposed Rule Stage, Medicare Coverage of Innovative Technology (MCIT) and Definition of “Reasonable and Necessary” (CMS-3372), 0938-AT88
  • HHS/CMS, Proposed Rule Stage, Medicaid Programs Reducing Provider and Patient Burden, and Promoting Patients’ Electronic Access to Health Information (CMS-9123), 0938-AT99
  • HHS/CMS, Proposed Rule Stage, Medicaid and Children’s Health Insurance Program (CHIP); Strengthening the Program Integrity of the Medicaid and CHIP Eligibility Determination Process (CMS-2421), 0938-AU00
  • HHS/CMS, Proposed Rule Stage, HHS Notice of Benefit and Payment Parameters for 2022 (CMS-9914), 0938-AU18
  • HHS/CMS, Proposed Rule Stage, Federal Funding for Medicaid Enterprise Systems (CMS-2433), 0938-AU20
  • HHS/CMS, Proposed Rule Stage, Contract Year 2022 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid Program, and Medicare Cost Plan Program (CMS-4192), 0938-AU30
  • HHS/CMS, Proposed Rule Stage, FY 2022 Skilled Nursing Facility (SNFs) Prospective Payment System Rate Update and Quality Reporting Requirements (CMS-1746), 0938-AU36
  • HHS/CMS, Proposed Rule Stage, CY 2022 Home Health Prospective Payment System Rate Update, Home Infusion Therapy Services, and Quality Reporting Requirements (CMS-1747), 0938-AU37
  • HHS/CMS, Proposed Rule Stage, FY 2022 Inpatient Rehabilitation Facility (IRF) Prospective Payment System Rate Update and Quality Reporting Requirements (CMS-1748), 0938-AU38
  • HHS/CMS, Proposed Rule Stage, CY 2022 Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System and Quality Incentive Program (CMS-1749), 0938-AU39
  • HHS/CMS, Proposed Rule Stage, FY 2022 Hospice Wage Index, Payment Rate Update, and Quality Reporting Requirements (CMS-1754), 0938-AU41
  • HHS/CMS, Proposed Rule Stage, CY 2022 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medicare Part B (CMS-1751), 0938-AU42
  • HHS/CMS, Proposed Rule Stage, CY 2022 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Changes and Payment Rates (CMS-1753), 0938-AU43
  • HHS/CMS, Proposed Rule Stage, Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals; the Long-Term Care Hospital Prospective Payment System; and FY 2022 Rates (CMS-1752), 0938-AU44
  • HHS/CMS, Proposed Rule Stage, Medicaid Managed Care State Directed Payments (CMS-2439), 0938-AU50
  • HHS/CMS, Proposed Rule Stage, Alternative Payment Models (CMS-5532), 0938-AU51
  • HHS/CMS, Proposed Rule Stage, Amendments to Rules Governing Organ Procurement Organizations and Transplant Centers (CMS-3409), 0938-AU54
  • HHS/CMS, Final Rule Stage, Durable Medical Equipment Fee Schedule, Adjustments to Resume the Transitional 50/50 Blended Rates to Provide Relief in Non-Competitive Bidding Areas (CMS-1687), 0938-AT21
  • HHS/CMS, Final Rule Stage, International Pricing Index Model for Medicare Part B Drugs (CMS-5528), 0938-AT91
  • HHS/CMS, Final Rule Stage, CY 2021 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medicare Part B (CMS-1734), 0938-AU10
  • HHS/CMS, Final Rule Stage, CY 2021 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Changes and Payment Rates (CMS-1736), 0938-AU12
  • HHS/CMS, Final Rule Stage, CY 2022 Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts (CMS-8077), 0938-AU46
  • HHS/OCR, Proposed Rule Stage, HIPAA Privacy: Changes to Support, and Remove Barriers to, Coordinated Care and Individual Engagement, 0945-AA00
  • HHS/ONC, Final Rule Stage, Information Blocking and the ONC Health IT Certification Program: Extension of Compliance Dates and Timeframes in Response to the COVID-19 Public Health Emergency, 0955-AA02
  • HHS/OS, Proposed Rule Stage, Department of Health and Human Services Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication, 0991-AC18
  • HHS/OS, Proposed Rule Stage, Securing Updated and Necessary Statutory Evaluations Timely, 0991-AC24
  • HHS/OS, Final Rule Stage, Direct Regulatory Clean Up Initiative, 0991-AC19

DEPARTMENT OF HOMELAND SECURITY

  • DHS/USCIS, Proposed Rule Stage, Removing H-4 Dependent Spouses from the Classes of Aliens Eligible for Employment Authorization, 1615-AC15
  • DHS/USCIS, Proposed Rule Stage, Affidavit of Support on Behalf of Immigrants, 1615-AC39
  • DHS/USCIS, Proposed Rule Stage, Employment Authorization for Certain Classes of Aliens with Final Orders of Removal, 1615-AC40
  • DHS/USCIS, Proposed Rule Stage, Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions, 1615-AC61
  • DHS/USCIS, Final Rule Stage, Strengthening the H-1B Nonimmigrant Visa Classification Program, 1615-AC13
  • DHS/USCIS, Final Rule Stage, Collection and Use of Biometrics by U.S. Citizenship and Immigration Services, 1615-AC14
  • DHS/USCBP, Proposed Rule Stage, Western Hemisphere Travel Initiative (WHTI) – Noncompliant Traveler Fee, 1651-AB06
  • DHS/USCBP, Proposed Rule Stage, Collection of Biometric Data from Aliens Upon Entry to and Exit From the United States, 1651-AB12
  • DHS/USCBP, Final Rule Stage, Air Cargo Advance Screening (ACAS), 1651-AB04
  • DHS/USICE, Proposed Rule Stage, Visa Security Program Fee, 1653-AA77
  • DHS/USICE, Final Rule Stage, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, 1653-AA78
  • DHS/FEMA, Proposed Rule Stage, Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program, 1660-AA99
  • DHS/FEMA, Final Rule Stage, Emergency Management Priorities and Allocations System (EMPAS), 1660-AB04

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

  • HUD/HUDSEC, Final Rule Stage, Housing and Community Development of 1980: Verification of Eligible Status, 2501-AD89
  • HUD/CPD, Final Rule Stage, Housing Trust Fund (FR-5246), 2506-AC30

DEPARTMENT OF THE INTERIOR

  • DOI/FWS, Proposed Rule Stage, Migratory Bird Hunting; 2021–22 Migratory Game Bird Hunting Regulations, 1018-BE34
  • DOI/FWS, Proposed Rule Stage, Migratory Bird Hunting; 2022–23 Migratory Game Bird Hunting Regulations, 1018-BF07
  • DOI/ASLM, Proposed Rule Stage, Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf, 1082-AA01

DEPARTMENT OF JUSTICE

  • DOJ/DEA, Proposed Rule Stage, Implementation of the Provision of the Comprehensive Addiction and Recovery Act of 2016 Relating to the Partial Filling of Prescriptions for Schedule II Controlled Substances, 1117-AB45
  • DOJ/DEA, Final Rule Stage, Implementation of the SUPPORT Act: Dispensing and Administering Controlled Substances for Medicated-Assisted Treatment, 1117-AB55

DEPARTMENT OF LABOR

  • DOL/ETA, Final Rule Stage, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (Adverse Effect Wage Rates and H-2A Remaining Provisions), 1205-AB89
  • DOL/ETA, Final Rule Stage, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 1205-AC00
  • DOL/EBSA, Final Rule Stage, Pension Benefit Statements-Lifetime Income Illustrations, 1210-AB20
  • DOL/EBSA, Final Rule Stage, Financial Factors in Selecting Plan Investments, 1210-AB95
  • DOL/OSHA, Prerule Stage, Emergency Response, 1218-AC91
  • DOL/WHD, Final Rule Stage, Tip Regulations Under the Fair Labor Standards Act (FLSA), 1235-AA21
  • DOL/WHD, Final Rule Stage, Independent Contractor Status Under the Fair Labor Standards Act, 1235-AA34
  • DOL/WHD, Final Rule Stage, High Wage Components of the Labor Value Content Requirements Under the United States-Mexico-Canada Agreement Implementation Act, 1235-AA36

DEPARTMENT OF STATE

  • STATE, Proposed Rule Stage, Visas: Temporary Visitors for Business or Pleasure, 1400-AE95

DEPARTMENT OF TRANSPORTATION

  • DOT/FAA, Proposed Rule Stage, Prohibit or Restrict the Operation of an Unmanned Aircraft in Close Proximity to a Fixed Site Facility, 2120-AL33
  • DOT/FAA, Proposed Rule Stage, Flight Attendant Duty Period Limitations and Rest Requirements, 2120-AL41
  • DOT/FMCSA, Final Rule Stage, Extension of Compliance Date for Entry Level Driver Training, 2126-AC25
  • DOT/NHTSA, Prerule Stage, Rear Seat Belt Reminder System, 2127-AL37
  • DOT/NHTSA, Prerule Stage, Retroreflective Tape and Underride Guards for Single Unit Trucks, 2127-AL57
  • DOT/NHTSA, Prerule Stage, Medium and Heavy-Duty Fuel Efficiency Standards, 2127-AM25
  • DOT/NHTSA, Final Rule Stage, Establish Side Impact Performance Requirements for Child Restraint Systems (MAP-21), 2127-AK95
  • DOT/NHTSA, Final Rule Stage, Corporate Average Fuel Economy (CAFE) Civil Penalties, 2127-AM32
  • DOT/PHMSA, Proposed Rule Stage, Pipeline Safety: Class Location Requirements, 2137-AF29
  • DOT/PHMSA, Final Rule Stage, Pipeline Safety: Gas Pipeline Regulatory Reform, 2137-AF36

DEPARTMENT OF THE TREASURY

  1. TREAS/DO, Final Rule Stage, Small Business Administration Business Loan Program Temporary Changes; Paycheck Protection Program – Additional Criteria for Seasonal Employers, 1505-AC67
  2. TREAS/DO, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Requirements – Loan Forgiveness, 1505-AC69
  3. TREAS/DO, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program-Requirements-Loan Forgiveness, 1505-AC70
  4. TREAS/CUSTOMS, Final Rule Stage, Automated Commercial Environment (ACE) Required for Electronic Entry/Entry Summary (Cargo Release and Related Entry) Filings, 1515-AE03
  5. TREAS/IRS, Proposed Rule Stage, Guidance Related to the Foreign Tax Credit, Clarification of Foreign-Derived Intangible Income, 1545-BP70
  6. TREAS/IRS, Proposed Rule Stage, Limitation on Deduction for Business Interest Expense, 1545-BP73
  7. TREAS/IRS, Final Rule Stage, Rules for Denial of Deduction for Certain Fines, Penalties, and other Amounts, 1545-BO67
  8. TREAS/IRS, Final Rule Stage, Section 451(b) Requirements, 1545-BO68
  9. TREAS/IRS, Final Rule Stage, Rules Regarding Business Interest Limitation Under Section 163(j), 1545-BO73
  10. TREAS/IRS, Final Rule Stage, Guidance on New Section 451(c), 1545-BO78
  11. TREAS/IRS, Final Rule Stage, Guidance on the Elimination of Interbank Offered Rates, 1545-BO91
  12. TREAS/IRS, Final Rule Stage, Section 4960 Excise Tax on Tax-Exempt Organization Compensation, 1545-BO99
  13. TREAS/IRS, Final Rule Stage, Like-Kind Exchanges and Tax Reform, 1545-BP02
  14. TREAS/IRS, Final Rule Stage, Allocation and Apportionment of Deductions and Foreign Taxes, Foreign Tax Redeterminations, FTC Disallowance Under 965(g), Consolidated Groups, Hybrid Arrangements and Certain Payments under 951A, 1545-BP21
  15. TREAS/IRS, Final Rule Stage, Consolidated Net Operating Losses, 1545-BP27
  16. TREAS/IRS, Final Rule Stage, Revisions to the Section 168(k) Final Regulations, 1545-BP32
  17. TREAS/IRS, Final Rule Stage, Base Erosion and Anti-Abuse Tax Proposed Regulations, 1545-BP36
  18. TREAS/IRS, Final Rule Stage, Credit for Carbon Oxide Sequestration, 1545-BP42
  19. TREAS/IRS, Final Rule Stage, Guidance Under Section 954(b)(4) (Rules for High-Taxed Subpart F Income) and Section 964 (Rules for Determining the Earnings and Profits of a Foreign Corporation), 1545-BP62
  20. TREAS/OCC, Final Rule Stage, Net Stable Funding Ratio, 1557-AD97
  21. TREAS/OCC, Final Rule Stage, Regulatory Capital Rule: Money Market Mutual Fund Liquidity Facility, 1557-AE83

DEPARTMENT OF VETERANS AFFAIRS

  1. VA, Proposed Rule Stage, Loan Guaranty: COVID-19 Veterans Assistance Partial Claim Payment Program, 2900-AR05
  2. VA, Proposed Rule Stage, Schedule for Rating Disabilities – Ear, Nose, Throat, and Audiology Disabilities; Special Provisions Regarding Evaluation of Respiratory Conditions; Respiratory System, 2900-AQ72
  3. VA, Proposed Rule Stage, Schedule for Rating Disabilities – Neurological Conditions and Convulsive Disorders, 2900-AQ73
  4. VA, Proposed Rule Stage, Schedule for Rating Disabilities; Mental Disorders, 2900-AQ82
  5. VA, Proposed Rule Stage, Schedule for Rating Disabilities: The Digestive System, 2900-AQ90
  6. VA, Proposed Rule Stage, Updating VA Adjudication Regulations for Disability or Death Benefit Claims Related to Herbicide Exposure, 2900-AR10
  7. VA, Final Rule Stage, Schedule for Rating Disabilities; Musculoskeletal System and Muscle Injuries, 2900-AP88
  8. VA, Final Rule Stage, Civilian Health and Medical Program of the Department of Veterans Affairs, 2900-AP02

ENVIRONMENTAL PROTECTION AGENCY

  1. EPA/RODENVER, Final Rule Stage, Federal Implementation Plan for Oil and Natural Gas Sources; Uintah and Ouray Indian Reservation in Utah, 2008-AA03
  2. EPA/OW, Final Rule Stage, National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions, 2040-AF15
  3. EPA/OAR, Proposed Rule Stage, Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine Standards: Cleaner Trucks Initiative, 2060-AU41
  4. EPA/OAR, Proposed Rule Stage, Renewable Fuel Standard Program: Standards for 2021, Biomass-Based Diesel Volumes for 2022, 2060-AU82
  5. EPA/OAR, Proposed Rule Stage, Cross-State Air Pollution Rule (CSAPR) Update Remand for the 2008 Ozone NAAQS, 2060-AU84
  6. EPA/OAR, Final Rule Stage, National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters: Amendments, 2060-AU20
  7. EPA/OCSPP, Final Rule Stage, Review of Dust-Lead Post-Abatement Clearance Levels, 2070-AK50

CONSUMER PRODUCT SAFETY COMMISSION

  1. CPSC, Final Rule Stage, Regulatory Options for Table Saws, 3041-AC31

FEDERAL ACQUISITION REGULATION

  1. FAR, Final Rule Stage, Federal Acquisition Regulation (FAR); FAR Case 2019-009, Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment, 9000-AN92

FEDERAL HOUSING FINANCE ADMINISTRATION

  1. FHFA, Proposed Rule Stage, Enterprise Liquidity Requirements, 2590-AB09

FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL

  1. FPISC, Proposed Rule Stage, Adding Land Revitalization as a Sector of Projects Eligible for Coverage Under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41), 3121-AA02

NUCLEAR REGULATORY COMMISSION

  1. NRC, Proposed Rule Stage, Revision of Fee Schedules: Fee Recovery for FY 2021 [NRC-2018-0292], 3150-AK24

OFFICE OF PERSONNEL MANAGEMENT

  1. OPM, Final Rule Stage, Paid Parental Leave and Miscellaneous Family and Medical Leave Act, 3206-AN96

SMALL BUSINESS ADMINISTRATION

  1. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program, 3245-AH34
  2. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program, 3245-AH35
  3. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Additional Eligibility Criteria and Requirements for Certain Pledges of Loans, 3245-AH36
  4. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program –Requirements – Promissory Notes, Authorizations, Affiliation, and Eligibility, 3245-AH37
  5. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program –Requirements – Disbursements, 3245-AH38
  6. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program –Requirements – Corporate Groups and Non-Bank and Non-Insured Depository Institution Lenders, 3245-AH39
  7. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Nondiscrimination and Additional Eligibility Criteria, 3245-AH40
  8. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program –Requirements – Extension of Limited Safe Harbor with Respect to Certification Concerning Need for PPP Loan Request, 3245-AH41
  9. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Loan Increases, 3245-AH42
  10. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Eligibility of Certain Electric Cooperatives, 3245-AH43
  11. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Treatment of Entities with Foreign Affiliates, 3245-AH44
  12. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Second Extension of Limited Safe Harbor with Respect to Certification Concerning Need for PPP Loan and Lender Reporting, 3245-AH45
  13. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program –Requirements – Loan Forgiveness, 3245-AH46
  14. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – SBA Loan Review Procedures and Related Borrower and Lender Responsibilities, 3245-AH47
  15. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Eligibility of Certain Telephone Cooperatives, 3245-AH48
  16. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Revisions to First Interim Final Rule, 3245-AH49
  17. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Additional Revisions to First Interim Final Rule, 3245-AH50
  18. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Revisions to the Third and Sixth Interim Final Rules, 3245-AH51
  19. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules, 3245-AH52
  20. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Additional Eligibility Revisions to First Interim Final Rule, 3245-AH53
  21. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Certain Eligible Payroll Costs, 3245-AH54
  22. SBA, Final Rule Stage, Appeals of SBA Loan Review Decisions Under the Paycheck Protection Program, 3245-AH55
  23. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Treatment of Owners and Forgiveness of Certain Nonpayroll Costs, 3245-AH56
  24. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Consolidation of Interim Final Rules, 3245-AH58
  25. SBA, Final Rule Stage, Business Loan Program Temporary Changes; Paycheck Protection Program – Additional Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules, 3245-AH59
  26. SSA, Final Rule Stage, Rules Regarding the Frequency and Notice of Continuing Disability Reviews, 0960-AI27

COMPLETED  ACTIONS (58 actions, 14 of them Deregulatory, 12 Regulatory)

DEPARTMENT OF AGRICULTURE

  1. USDA/AgSEC, Coronavirus Food Assistance Program, 0503-AA65
  2. USDA/NRCS, Conservation Stewardship Program (CSP), 0578-AA67
  3. USDA/NRCS, Environmental Quality Incentives Program (EQIP) Changes, 0578-AA68

DEPARTMENT OF COMMERCE

  1. DOC/PTO, Setting and Adjusting Patent Fees During Fiscal Year 2020, 0651-AD31

DEPARTMENT OF EDUCATION

  1. ED/OPE, Ensuring Student Access to High Quality and Innovative Postsecondary Educational Programs, 1840-AD38

DEPARTMENT OF HEALTH AND HUMAN SERVICES

  1. HHS/CDC, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right to Introduction and Prohibition of Introduction of Persons into United States from Designated Foreign Countries or Places, 0920-AA76
  2. HHS/CMS, Medicaid Fiscal Accountability (CMS–2393), 0938-AT50
  3. HHS/CMS, Modernizing and Clarifying the Physician Self-Referral Regulations (CMS-1720), 0938-AT64
  4. HHS/CMS, Specialty Care Models to Improve Quality of Care And Reduce Expenditures (CMS-5527), 0938-AT89
  5. HHS/CMS, Organ Procurement Organizations (OPOs) (CMS-3380), 0938-AU02
  6. HHS/CMS, Transparency in Coverage (CMS-9915), 0938-AU04
  7. HHS/CMS, FY 2021 Inpatient Rehabilitation Facility (IRF) Prospective Payment System Rate Update (CMS-1729), 0938-AU05
  8. HHS/CMS, CY 2021 Home Health Prospective Payment System Rate Update and Quality Reporting Requirements (CMS-1730), 0938-AU06
  9. HHS/CMS, FY 2021 Inpatient Psychiatric Facilities Prospective Payment System Rate Updates (CMS-1731), 0938-AU07
  10. HHS/CMS, CY 2021 Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System and Quality Incentive Program (CMS-1732), 0938-AU08
  11. HHS/CMS, FY 2021 Hospice Wage Index, Payment Rate Update (CMS-1733), 0938-AU09
  12. HHS/CMS, Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals; the Long-Term Care Hospital Prospective Payment System; and FY 2021 Rates (CMS-1735), 0938-AU11
  13. HHS/CMS, FY 2021 Skilled Nursing Facility (SNFs) Prospective Payment System Rate and Value-Based Purchasing Program Updates (CMS-1737), 0938-AU13
  14. HHS/CMS, Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (CMS-1744-IFC), 0938-AU31
  15. HHS/CMS, Clinical Laboratory Improvement Amendments and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (CMS-3401), 0938-AU33
  16. HHS/CMS, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (CMS-9912), 0938-AU35
  17. HHS/OCR, Nondiscrimination in Health and Health Education Programs or Activities, 0945-AA11
  18. HHS/ONC, 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program, 0955-AA01
  19. HHS/ACF, Head Start Designation Renewal System, 0970-AC77
  20. HHS/OS, COVID-19 Hoarding Prevention Under the Defense Production Act, 0991-AC23

DEPARTMENT OF HOMELAND SECURITY

  1. DHS/OS, Collection of Alien Biometric Data Upon Exit from the United States at Air and Sea Ports of Departure, 1601-AA34
  2. DHS/USCIS, Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, 1615-AC19
  3. DHS/USCIS, Asylum Application, Interview, and Employment Authorization for Applicants, 1615-AC27
  4. DHS/FEMA, COVID-19 Hoarding Prevention Under the Defense Production Act, 1660-AB05

DEPARTMENT OF THE INTERIOR

  • DOI/FWS, Endangered and Threatened Wildlife and Plants; Removal of the Gray Wolf from the List of Endangered and Threatened Wildlife, 1018-BD60
  • DOI/FWS, Migratory Bird Hunting; 2020-2021 Migratory Game Bird Hunting Regulations, 1018-BD89

DEPARTMENT OF JUSTICE

  • DOJ/DEA, Registration and Reregistration Fees for Controlled Substance and List I Chemical Registrants, 1117-AB51

DEPARTMENT OF LABOR

  • DOL/EBSA, Transparency in Coverage, 1210-AB93
  • DOL/WHD, Fluctuating Workweek Under the Fair Labor Standards Act, 1235-AA31

DEPARTMENT OF TRANSPORATION

  • DOT/NHTSA, The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks, 2127-AL76
  • DOT/FRA, High-Speed Intercity Passenger Rail (HSIPR) Program; Buy America Program Requirements, 2130-AC23

DEPARTMENT OF THE TREASURY

  • TREAS/DO, Provisions Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States, 1505-AC63
  • TREAS/DO, Provisions Pertaining to Certain Investments in the United States by Foreign Persons, 1505-AC64
  • TREAS/FINCEN, Anti-Money Laundering Program and Suspicious Activity Report Filing Requirements for Investment Advisers, 1506-AB10
  • TREAS/IRS, Section 250 Regulations, 1545-BO55
  • TREAS/IRS, Capital Gains Invested in Opportunity Zones, 1545-BP03
  • TREAS/IRS, Qualified Opportunity Funds, 1545-BP04
  • TREAS/IRS, Guidance Under Section 199A (RIC-REIT), 1545-BP12
  • TREAS/IRS, Guidance Regarding the Global Intangible Low-Taxed Income High Tax Exclusion, 1545-BP15
  • TREAS/OCC, Community Reinvestment Act Regulations, 1557-AE34
  • TREAS/OCC, Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds, 1557-AE67
  • TREAS/OCC, Margin and Capital Requirements for Covered Swap Entities, 1557-AE69
  • TREAS/OCC, Capital Rule and Total Loss-Absorbing Capacity Rule: Eligible Retained Income Final Rule, 1557-AE81
  • TREAS/OCC, Regulatory Capital Rule: Revised Transition of the Current Expected Credit Losses Methodology for Allowances, 1557-AE82
  • TREAS/OCC, Regulatory Capital Rule: Temporary Exclusion of U.S. Treasury Securities and Deposits at Federal Reserve Banks from the Supplementary Leverage Ratio, 1557-AE85
  • TREAS/OCC, Regulatory Capital Rule: Payment Protection Program Lending Facility and Payment Protection Program Loans, 1557-AE90

DEPARTMENT OF VETERANS AFFAIRS

  • VA, Program of Comprehensive Assistance for Family Caregivers Amendments Under the VA MISSION Act of 2018, 2900-AQ48

ENVIRONMENTAL PROTECTION AGENCY

  • EPA/OW, Steam Electric Reconsideration, 2040-AF77
  • EPA/OAR, Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act, 2060-AM75
  • EPA/OAR, Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Reconsideration, 2060-AT54

COUNCIL ON ENVIRONMENTAL QUALITY

  • CEQ, Update to the Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act, 0331-AA03

FEDERAL ACQUISITION REGULATION

  • FAR, Federal Acquisition Regulation (FAR); FAR Case 2018-004; Increased Micro-Purchase and Simplified Acquisition Thresholds, 9000-AN65

NUCLEAR REGULATORY COMMISSION

  • NRC, Revision of Fee Schedules: Fee Recovery for FY 2020 [NRC-2017-0228], 3150-AK10

LONG-TERM ACTIONS (30 actions, two of them Deregulatory, 13 Regulatory

DEPARTMENT OF ENERGY

  • DOE/EE, Fossil Fuel-Generated Energy Consumption Reduction for New Federal Buildings and Major Renovations of Federal Buildings, 1904-AB96

DEPARTMENT OF HEALTH AND HUMAN SERVICES

  • HS/CMS, Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote Increased Safety (CMS-3347), 0938-AT36
  • HHS/CMS, Proficiency Testing Regulations Related to Analytes and Acceptable Performance (CMS-3355), 0938-AT55
  • HHS/CMS, Policy and Technical Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2020; Risk Adjustment Data Validation (CMS-4185), 0938-AT59
  • HHS/CMS, Comprehensive Care for Joint Replacement Model Three-Year Extension and Modifications to Episode Definition and Pricing (CMS-5529), 0938-AU01
  • HHS/CMS, Treatment of Medicare Part C Days in the Calculation of a Hospital’s Medicare Disproportionate Patient Percentage (CMS-1739), 0938-AU24

DEPARTMENT OF HOMELAND SECURITY

  • DHS/USCIS, Temporary Non-Agricultural Employment of H-2B Aliens in the United States, 1615-AC06
  • DHS/USCIS, U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 1615-AC18
  • DHS/USCIS, Electronic Processing of USCIS Immigration Benefit Requests, 1615-AC20
  • DHS/USCBP, Importer Security Filing and Additional Carrier Requirements, 1651-AA70
  • DHS/FEMA, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 1660-AB01

DEPARTMENT OF LABOR

  • DOL/ETA, Temporary Non-Agricultural Employment of H-2B Aliens in the United States, 1205-AB76
  • DOL/EBSA, Improved Fee Disclosure for Welfare Plans, 1210-AB37
  • DOL/OSHA, Infectious Diseases, 1218-AC46
  • DOL/OSHA, Process Safety Management and Prevention of Major Chemical Accidents, 1218-AC82

DEPARTMENT OF TRANSPORTATION

  • DOT/FMCSA, Heavy Vehicle Speed Limiters, 2126-AB63
  • DOT/NHTSA, Heavy Vehicle Speed Limiters, 2127-AK92
  • DOT/NHTSA, Federal Motor Vehicle Safety Standard (FMVSS) 150 –  Vehicle to Vehicle (V2V) Communication, 2127-AL55

DEPARTMENT OF THE TREASURY

  • TREAS/FINCEN, Financial Crimes Enforcement Network: Cross-Border Electronic Transmittals of Funds, 1506-AB01
  • TREAS/OCC, Collective Investment Funds: Prior Notice Period for Withdrawals, 1557-AE99
  • TREAS/CDFIF, Interim Rule for the CDFI Bond Guarantee Program, 1559-AA01

DEPARTMENT OF VETERANS AFFAIRS

  • VA, Post-9/11 Improvements, Fry Scholarship, and Interval Payments Amendments, 2900-AQ88
  • VA, Reimbursement for Emergency Treatment, 2900-AQ08

ENVIRONMENTAL PROTECTION AGENCY

  • EPA/OCSPP, Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing, 2070-AK11

FEDERAL COMMUNICATIONS COMMISSION

  • FCC, Expanding the Economic and Innovation Opportunities of Spectrum through Incentive Auctions (GN Docket No. 12-268), 3060-AJ82
  • FCC, Processing Applications in the Direct Broadcast Satellite (DBS) Service; Feasibility of Reduced Orbital Spacing for Provision of DBS Service in the United States (IB Docket No. 06-160), 3060-AI86
  • FCC, Restoring Internet Freedom (WC Docket No. 17-108); Protecting and Promoting the Open Internet (GN Docket No. 14–28), 3060-AK21
  • FCC, Call Authentication Trust Anchor, 3060-AL00
  • FCC, Implementation of the National Suicide Improvement Act of 2018, 3060-AL01

NUCLEAR REGULATORY COMMISSION

  • NRC, Revision of Fee Schedules: Fee Recovery for FY 2022 [NRC-2020-0031], 3150-AK44