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News and updates

News and updates

2:1 Regulatory Executive Order Outlined

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Last week, President Trump signed issued an Executive Order requiring agencies to repeal at least two regs for every new reg and also capping the total compliance costs of any regulation issued in a given year.

The Administration has also issued interim guidance on the issue. The guidance clarifies that the two-for-one rule applies only to “significant” regulations, which in existing law is defined as any that that imposes an annual economic cost of $100 million or more. According to the guidance, agencies that plan to issue a “significant regulatory action” on or before Sep. 30, 2017 must first identify two existing regulatory actions the agency plans to eliminate or propose for elimination before the new regulation is issued. The agency must also “fully offset total incremental cost” of the new regulation “as of September 30, 2017.”

How will this become a reality? It is not yet clear, but the Office of Federal Relations will continue to monitor the progress.

For an overview, the Federal Register has an overview of the federal regulatory process here.

More Cabinet Posts, FY 2018 Budget Update

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It will continue to be a busy week for the House and Senate. Today, the Senate will continue to work on confirmations as four Cabinet positions – Betsy DeVos for Secretary of Education, Senator Jeff Sessions for Attorney General, Rep. Tom Price for Secretary of HHS, and Steven Mnuchin for Secretary of Treasury  – are up for full Senate consideration this week. Rep. Mike Mulvany (R-SC), Trump’s nominee to lead the Office of Management and Budget (OMB), is still working his way through the Senate, which could cause some budget complications for FY 2018 (see below). 

Senators are expected to move on a House-passed Congressional Review Act resolution nullifying a regulation curbing methane emissions from oil and gas wells on federal lands. Once passed, it will mark the third energy-related rule nullified by the Republican Congress. 

Today, the House continues efforts to stop regulations finalized by former President Barack Obama now focusing on the Department of Education. So far, lawmakers have introduced Congressional Review Act resolutions targeting the Obama Administration’s regulations governing teacher preparation programs as well as its accountability rule under the Every Student Succeeds Act.

It is the first Monday in February, which is technically Presidential Budget day. On the first Monday in February, the Administration is statutorily required to submit their budget request for the upcoming fiscal year (in this case FY 2018) to Congress. All recent Presidents (including Obama…multiple times) have missed the statutory deadline for budget submissions in their first year in office. There is no penalty for missing the date and a full budget proposal may not emerge from the White House until April or May.

While a delay in the budget submission is expected for a new Administration, virtually guarantees a delay in the entire FY 2018 appropriations process. Regardless of who controls Congress, lawmakers typically fail to get regular spending bills passed before the start of the new fiscal year, which begins on October 1. This year enjoys the particular complication of not having closed out FY 2017 with the current CR running until April 28th. Congress will have to address FY 2017 and immediately (or concurrently) FY 2018. 

 

What We’re Reading This Week, January 30 – February 2

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Here’s a selection of articles the Federal Relations team is enjoying this week.

Intolerance of the Left – The recent election showed a sharp divide between the left and the right in the political views and opinions on the direction of the country.  Using Marceline, Mo as the example, The Guardian examines the right’s complaints with the left. Read more in The Guardian. 

Red Post, Blue Post – Facebook is growing as a medium for Americans to see news, but the content of your feed can vary greatly given your political leanings. Read more and see the feeds at The Wall Street Journal. 

DeVos Confirmation Uncertain? – Two Republican Senators announced on the Senate floor Feb. 1 that they plan to oppose the nomination of Betsy DeVos to be the Secretary of Education.  With the Senate currently divided 52 – 48 in Republicans’ favor, the  status of her nomination is rather precarious.  Read more about the situation in Politico and The Hill.

New Funding Fight on the Horizon? – Milo Yiannopoulos was scheduled to speak at UC Berkeley Feb. 1.  After violence caused by outside agitators erupted on the campus before the speech, the event was canceled by the campus police.  The university did not rescind the original invitation when many on campus asked it to do so.  In the aftermath of the cancellation, President Trump tweeted that perhaps federal funding should be pulled from the university for not allowing the expression of opposing viewpoints.  Read more here in Politico and Inside Higher Education.

Dear Mr. President – This is how federal funding for higher education works. The vast majority of federal dollars that flow to colleges and universities arrives in the form of student loans and grants to cover the cost of attendance. Another path for federal dollars to colleges is research grants, money bestowed by entities such as the National Institutes of Health to aid students and faculty pursuing research in the public interest. Read more from the Washington Post.

A Larger Piece of the Pie  – The House’s New Democrat Coalition does not plan to sit by and let the GOP generate all the policy ideas on issues like taxes, infrastructure and cybersecurity. Read more about the Coalition and its agenda from its vice chairman, Rep. Derek Kilmer on Rollcall.

Travel Ban + Science – The Washington Post explores how Trump’s travel ban could hurt science. According to a 2013 report by the National Science Foundation, more than 5 million of the United States’ 29 million scientists and engineers were not born in the United States. All six of the Americans who won Nobel Prizes last year were immigrants. And nearly a fifth of all papers published in scientific journals these days have authors from at least two countries. Read more from the Washington Post here.

DeVos Nomination Heads to Full Senate Vote

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Late Thursday/early Friday, the Senate cleared procedural hurdles that would bring the nomination of Betsy DeVos to the floor for a vote by the full Senate next week. A number of groups have argued against her nomination to become the Secretary of Education and two Republicans have recently stated that they will oppose her. With the current make-up of the Senate 52 to 48 in the Republicans’ favor, and with no Democrats expected to vote for DeVos, Vice President Mike Pence may be forced to cast the tie-breaking vote.

More Nominations Move Forward

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The Senate continues to make progress on more Trump Cabinet nominees. Both the Senate Homeland Security and Governmental Affairs and Budget committees voted to move forward the nomination of Rep. Mick Mulvaney (R-SC) to head the Office of Management and Budget on party-line votes.

In the Senate Environment and Public Works Committee, the majority used the same procedures employed by the Finance Committee Republicans to address a Democratic boycott of a vote on a nominee: the committee rules, which require at least two members from the minority party for a vote, were suspended and the nomination of Scott Pruitt as Director of the Environmental Protection Agency was approved by the majority. Thursday was the second day of a Democratic boycott of the committee.

Both nominations now head to the floor for consideration by the full Senate.