The Magnificent Seven: The ‘Most Ambitious Regulatory Rollback Since Reagan’ Continues

‘GOP Chugs Along On Deregulation Campaign’

“Trump undertakes most ambitious regulatory rollback since Reagan: President Trump has embarked on the most aggressive campaign against government regulation in a generation, joining with Republican lawmakers to roll back rules already on the books… the new administration is targeting dozens of Obama-era policies… a slew of Obama-era rules in limbo.” (“Trump Undertakes Most Ambitious Regulatory Rollback Since Reagan,” The Washington Post, 2/12/17)

“Republicans are moving quickly to dismantle Obama-era regulations using the Congressional Review Act.” (“Senate Nixes Obama-Era Gun Rule,” The Hill, 2/15/17)

• “GOP chugs along on deregulation campaign … as the Senate takes an axe to Obama’s regulations …” (“GOP Chugs Along On Deregulation Campaign,” Politico, 3/08/2017)

“Before Trump took office, the Congressional Review Act had been successfully used only once, to overturn a Clinton administration ergonomics rule in 2001.” (“Trump Undertakes Most Ambitious Regulatory Rollback Since Reagan,” The Washington Post, 2/12/17)

SIX, SEVEN: ‘The Senate Is Taking A Hammer To A Pair Of Obama-Era Education Rules,’ Described As ‘Unusually Aggressive And Far-Reaching’

“The Senate is taking a hammer to a pair of Obama-era education rules…. Republicans are using the Congressional Review Act to nix the Obama regulations … The House has already voted to eliminate both of the education regulations, meaning the bills will now head to the desk of President Trump, who is expected to sign them.” (“Senate GOP Votes To Nix Obama-Era Education Rules,” The Hill, 3/09/2017)

• “The Senate sent a bill killing an Obama administration education rule to President Donald Trump’s desk Wednesday, making it the sixth in a series of regulations that GOP leaders plan to overturn …” (“GOP Chugs Along On Deregulation Campaign,” Politico, 3/08/2017)

• “The education deregulation measure passed the Senate on a 59-40 vote, winning over eight Democrats.” (“GOP Chugs Along On Deregulation Campaign,” Politico, 3/08/2017)

SEN. LAMAR ALEXANDER (R-TN): “The issue before us was whether the United States Congress writes the laws or whether the Department of Education writes the laws. Under Article I of our Constitution, the United States Congress writes the law, and in at least seven cases this Education Department regulation directly violated the Every Student Succeeds Act law passed just 15 months ago. And in at least 16 other cases, the regulation did something that the Congress did not authorize it to do.” (Sen. Alexander, Press Release, 3/09/2017)

• “[S]ome lawmakers from both parties saw the regulations as unusually aggressive and far-reaching, and said they could subvert [the Every Student Succeeds Act’s] intent of re-establishing local control over education and decreasing the emphasis on testing.” (“Obama Education Rules Are Swept Aside by Congress,” The New York Times, 3/09/2017)

FIVE: ‘The US Senate Has Overturned An Obama Administration Rule That Put Power Of Land Management On Capitol Hill, And Took It Out Of The Hands Of Local Powers’

SEN. LISA MURKOWSKI (R-AK): “The Obama administration’s Planning 2.0 rule makes sweeping changes to how BLM develops resource management plans, shifts decision-making authority away from the impacted states to Washington, DC, and disregards BLM’s multiple-use mission. If left intact, it will harm grazing, timber, energy and mineral development, and recreation on our public lands…. By rescinding this rule, we can return power and decision-making authority to those who actually live near BLM lands in western states.” (Sen. Murkowski, Press Release, 1/30/2017)

“The US Senate has overturned an Obama Administration rule that put power of land management on Capitol Hill, and took it out of the hands of local powers. The BLM Planning 2.0 Rule implemented sweeping changes to how the BLM resource management plans.” (“BLM Planning 2.0 Rule Overturned,” KGWN-TV Cheyenne, 3/07/2017)

• “BLM 2.0 was finalized in the 11th hour of President Barack Obama’s presidency, and its opponents say it is one of a host of federal rules from the previous administration that reduced local control.” (“Senate Strikes Down BLM Planning Rule,” Casper Star-Tribune, 3/07/2017)

• “The Senate voted Tuesday to overturn an Interior Department regulation known as the Planning 2.0 rule … If President Trump signs the resolution, the Planning 2.0 rule would become the second major Obama-era environmental regulation to meet its demise under the Congressional Review Act …” (“The Senate Just Voted To Overturn Another Environmental Rule — Sending It To Trump’s Desk,” The Washington Post, 3/08/2017)

FOUR: Senate Repealed The Obama Administration’s Blacklisting Rule, Which Would Have Created ‘A Host Of Unintended Negative Consequences For Stakeholders In The Federal Contracting Marketplace, Such As Taxpayers, Federal Contractors, Their Employees And The Federal Acquisition Workforce’

“The Senate voted Monday to repeal another last-minute regulation President Obama imposed before leaving office in January, one that would have required companies to report labor law violations or allegations while bidding for federal contracts.” (“Senate Repeals Another Obama 'Moonlight' Reg,” Washington Examiner, 3/6/17)

• “The rule institutes new reporting provisions, requiring contractors who bid on federal contracts in excess of $500,000 to report alleged as well as actual labor violations from the last three years. Reported violations of any of the 14 federal labor statutes may be used to block a company’s bid.” (“Congress Puts Dept. Of Labor's Blacklisting Rule In Crosshairs,” Competitive Enterprise Institute, 2/1/17)

Agency’s own estimates indicate this rule would affect more than 24,000 contractors, add over 2 million hours in new annual paperwork burdens, and impose $454 million in first year implementation costs and $260 million in subsequent years.

• FEDERAL REGISTER: “Table 3 – Summary of … estimated cost to the public of reporting burden: Number of respondents: 24,183 … Total hours: 2,166,815.” (81 Fed. Reg. 58637, Table 3)

• FEDERAL REGISTER: “Table 10a – Summary of Total Costs to the Public: … Total Initial Public Costs: $454,644,083; Table 10b – Summary of Total Costs to the Public: … Total Annual Subsequent Public Costs: $260,041,262.” (81 Fed. Reg. 58637, Table 10)

ASSOCIATED BUILDERS & CONTRACTORS: “The Obama administration’s ‘blacklisting’ rule—no matter how well-intentioned—creates a host of unintended negative consequences for stakeholders in the federal contracting marketplace, such as taxpayers, federal contractors, their employees and the federal acquisition workforce.” (Associated Builders And Contractors, Inc., Letter To U.S. Senators, 2/2/17)

THREE: ‘President Trump … Signed Legislation Ending A Key Obama Administration Coal Mining Rule’

“President Trump on Thursday signed legislation ending a key Obama administration coal mining rule.” (“Trump Signs Bill Undoing Obama Coal Mining Rule,” The Hill, 2/16/17)

• “Republicans in Washington took their biggest step yet to reverse Barack Obama’s regulatory legacy, dusting off a little-used congressional tool and voting to kill a rule…” (“Senate Votes To Reverse Obama-Era Coal Rule, Sends To Trump,” Bloomberg, 2/3/17)

“Senators voted 54-45 Thursday to kill an Obama administration coal mining rule, giving President Trump his first chance to formally take off the books an environmental rule from the previous administration. The Congressional Review Act (CRA) challenge passed by the Senate undoes the Interior Department’s … regulation…” (“Senate Votes To Block Obama Coal Rule,” The Hill, 2/2/17)

President Obama’s ‘Punitive 11th-Hour Regulation On Coal,’ Would Have Put ‘Between 112,757 And 280,809’ Total Jobs At Risk

“The Obama Administration … [issued] a punitive 11th-hour regulation on coal. Issued by the Interior Department’s Office of Surface Mining Reclamation and Enforcement (OSM), the rule takes effect Jan. 19 as a classic example of the job-killing rules that Mr. Trump has vowed to overturn.” (Editorial, “Coal In Trump’s Stocking,” Wall Street Journal, 12/20/16)

• “…it’s a power grab aimed at giving federal regulators more authority to make coal too expensive for anyone to mine or use.” (Editorial, “Coal In Trump’s Stocking,” Wall Street Journal, 12/20/16)

STUDY: “Total number of jobs at risk of loss, including mining and linked sector employment is between 112,757 and 280,809 (30 to 75 percent of current employment levels).” (“Economic Impacts Of The Office Of Surface Mining’s Proposed Stream Protection Rule (SPR),” Ramboll Environ, 2016)

• “Direct mining jobs at risk of loss are predicted to range from 40,038 to 77,520, with both surface and underground mining adversely affected.” (“Economic Impacts Of The Office Of Surface Mining’s Proposed Stream Protection Rule (SPR),” Ramboll Environ, 2016)

TWO: ‘Trump Signs Bill Nixing Obama-Era Guns Rule’ Which ‘Unnecessarily And Unreasonably Deprives Individuals With Disabilities Of A Constitutional Right’

“Trump signs bill nixing Obama-era guns rule: … Who opposed the rule? Interestingly, the rule had opponents across a wide spectrum. Both the National Rifle Association and the American Civil Liberties Union spoke out against it.” (“Trump Signs Bill Nixing Obama-Era Guns Rule,” CNN, 2/28/17)

• “The vote was 57-43 in the Senate and 235-180 in the House.” (“Trump Signs Bill Reversing Obama Rule To Ban Gun Purchases By Mentally Ill,” USA Today, 2/28/17)

“Critics argue the rule stripped Second Amendment rights from people who are not dangerously mentally ill, such as those with eating or sleeping disorders or disabilities that prevent them from managing their own finances.” (“Senate Nixes Obama-Era Gun Rule,” The Hill, 2/15/17)

NATIONAL COUNCIL ON DISABILITY: “Because of the importance of the constitutional right at stake and the very real stigma that this rule legitimizes, NCD recommends that Congress consider utilizing the Congressional Review Act (CRA) to repeal this rule.” (National Council On Disability, Letter To Majority Leader McConnell & Speaker Ryan, 1/24/17)

• “NCD submitted comments to SSA on the proposed rule on June 30^th, 2016. In our comments, we cautioned against implementation of the proposed rule because: [t]here is, simply put, no nexus between the inability to manage money and the ability to safely and responsibly own, possess or use a firearm. This arbitrary linkage not only unnecessarily and unreasonably deprives individuals with disabilities of a constitutional right, it increases the stigma for those who, due to their disabilities, may need a representative payee[.]” (National Council On Disability, Letter To Majority Leader McConnell & Speaker Ryan, 1/24/17)

ONE: ‘Trump Signs Repeal Of Obama Era Energy Regulation,’ ‘Sends SEC Disclosure Rule To The Dust Bin’

“…Donald Trump signed legislation Tuesday that repealed a Dodd-Frank Act energy regulation under the Congressional Review Act (CRA).” (“Trump Signs Repeal Of Obama Era Energy Regulation,” The Daily Caller, 2/14/17)

SEN. MITCH MCCONNELL (R-KY): “We all want to increase transparency, but we should not raise costs on American businesses only to benefit their international competition. Let’s send the SEC back to the drawing board to promote transparency without the high costs or negative impacts on American businesses.” (Sen. McConnell, Press Release, 2/2/17)

“Senate sends SEC disclosure rule to the dust bin: The Senate Friday gave its thumbs up to a resolution to nullify a SEC rule… It was the second time this week lawmakers sent President Donald Trump a Congressional Review Act resolution undoing an Obama administration regulation. He is expected to sign it.” (“Senate Sends SEC Disclosure Rule To The Dust Bin,” Politico, 2/3/17)

Rule Could Have Cost American Businesses Up To $590 Million Annually

SEC: “Quantitative Estimates of Compliance Costs … Annual ongoing compliance costs… Total costs: Lower bound - $94,528,370; Average: $267,061,300; Upper bound: $590,699,900.” (Security And Exchange Commission, “17 CFR Parts 240 and 249b,” Pg.192)