Overnight Regulation: Agencies to highlight rules for repeal in Trump's first reg agenda | Reg czar pick down to two names

Overnight Regulation: Agencies to highlight rules for repeal in Trump's first reg agenda | Reg czar pick down to two names
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Welcome to Overnight Regulation, your daily rundown of the news from the federal agencies, Capitol Hill, the courts and beyond. It's Monday evening here in Washington, where President Trump's revised travel ban is making the rounds on Capitol Hill. 

Here's the latest.




The Trump administration's first semi-annual regulatory agenda is likely to focus more on the rules federal agencies are planning to repeal than the ones they plan to create.

Dominic Mancini, acting administrator of the White House Office of Information and Regulatory Affairs (OIRA), sent guidance Monday directing the agencies to pay close attention to the executive order President Trump signed in January directing agencies to cut two existing rules for every new rule put in place.

The White House said agency plans, due March 31, should follow the order's requirement that the net incremental cost for fiscal 2017 "be no greater than zero" and that for every significant rule an agency plans to issue on or before Sept. 30, two existing rules should be proposed for elimination.

Starting in 2018, the White House Office of Management and Budget will give each agency a budget for how much it can increase or decrease regulatory costs.

The White House asked each agency to send a preliminary estimate of the total costs or savings associated with each significant rule it plans to issue next year when it sends OIRA its plans for the Unified Regulatory Agenda due out this spring.

"Some of these regulatory and deregulatory actions may fall out of the 12 month reporting window for this Unified Agenda cycle: if that is that case, we nevertheless request that the agencies base this cost estimate on your best current prediction of the planned fiscal year 2018 actions," Mancini said.

Click here for the story.


The Office of Management and Budget (OMB) is poised to make a recommendation to President Trump on who he should appoint as regulatory czar, Director Mick Mulvaney said on Monday.

"We've got it down to two candidates, and I think we'll be ready to make a recommendation on that area to the president here probably this week," Mulvaney told conservative talk show host Hugh Hewitt without naming either candidate.

The appointee would run the White House's Office of Information and Regulatory Affairs, better known as OIRA, and would report directly to Mulvaney.

OIRA polices the federal agencies to make sure they follow President Trump's regulatory agenda. All major rules must be approved by OIRA before they are published.

During the interview, Mulvaney also vowed to "push the limit" with the Congressional Review Act, which Republicans are using to repeal a number of Obama-era rules.

The Congressional Review Act allows lawmakers to overturn recently published regulations with a simple majority. The catch is lawmakers can only reach back 60 legislative days since the rule was published, which in this case, goes back to June 2016.

However, a regulation is not considered published until the federal agency sends a formal report notifying Congress and the Government Accountability Office. In many cases, these reports were never sent.

Regulatory experts are debating whether Republicans can reach back further than last June to the beginning of the Obama administration.

"We are going to try and look at any ways to legally push the limit on how far back we can go," Mulvaney said.

Click here for the story.




The Senate Judiciary Committee will hold a hearing to consider the nomination of President Trump's pick for deputy attorney general Rod Rosenstein.

Expect a contentious hearing with sharp questions from Democrats. Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsPress: For Trump endorsement: The more sordid, the better Those predicting Facebook's demise are blowing smoke If bitcoin is 'digital gold,' it should be taxed like gold MORE's decision to recuse himself from any Russia probe could leave those tough decisions to Rosenstein. Senate Minority Leader Charles SchumerChuck SchumerRomney: I never got a call from White House to discuss voting rights Kyrsten Sinema's courage, Washington hypocrisy and the politics of rage Joe Biden's disastrous 48 hours MORE (D-N.Y.) on Monday said Rosenstein should commit to a special prosecutory. 

Click here to read more about his nomination.



Keep an eye on these rules in Tuesday's edition of the Federal Register:

--The Consumer Product Safety Commission (CPSC) will withdraw safety standards for magnets.


The agency issued new requirements in October 2014 for magnet toy sets that children play with, but says it will remove the regulations to comply with a court order.

This action is not related to President Trump's regulatory moratorium.

The changes go into effect immediately.

--The Federal Energy Regulatory Commission (FERC) will raise prices for hydropower companies looking to rent government lands. The agency will issue new per acre rental fees. The prices go into effect immediately.

--The Securities and Exchange Commission (SEC) will consider changes to disclosure rules for financial services companies.

The agency wants to know if the disclosures required under "Industry Guide 3" are sufficient for investors. The public has 60 days to comment.

"The financial services industry has changed dramatically since Guide 3 was first published. Consequently, our disclosure guidance may not in all cases reflect recent industry developments or changes in accounting standards related to financial and other reporting requirements," the SEC said in its notice.




Supreme Court won't hear transgender bathroom case

Court rules proving racial bias supersedes jury secrecy

GOP senator opposes repeal of education rule

Supreme Court sides with government in case of federal sentencing guidelines

Warren report: Federal contractors repeatedly violate labor laws

Trump signs revised travel ban that excludes Iraq

What's changed in Trump's travel ban

Republicans eye strategy for repealing Wall Street reform

GOP chairman seeks $50M to transfer federal land

Senate to consider resolution rolling back Obama-era land rule

Trump meets with FCC chairman

The one Trump pick leaving greens hopeful

New fight erupts over internet privacy rules

The ObamaCare sticking points behind closed doors – The New York Times



3: Proposed rules

5: Final rules

(Source: Tuesday's Federal Register)



"No question about it... It's just a matter of which case is the right case," said Carl Tobias, a professor at the University of Richmond School of Law, on Monday about the Supreme Court eventually weighing in on the fight over transgender students and bathrooms. The high court on Monday declined to hear a high-profile case on transgender rights, but legal experts believe that eventually the issue will work its way back to the justices.


We'll work to stay on top of these and other stories throughout the week, so check The Hill's Regulation page (http://thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@thehill.com or lwheeler@thehill.com. And follow us at @timdevaney and @wheelerlydia.

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