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Regulatory Targets

Congressional GOP Takes Aim at Safeguards

Even before Donald Trump took office, the congressional GOP had drawn up a "hit list" of health, safety and environmental regulations it hoped to erase from the books. Their method: the little-used Congressional Review Act, part of the 1996 "Contract with America," which allows Congress to block "major" rules within 60 legislative days of adoption, by means of a joint resolution, subject to veto by the president. Significantly, the resolution may not be filibustered in the Senate. Following are a number of key safeguards for health, safety and the environment that GOP leaders have already targeted with CRA resolutions.

For more on the history of the CRA, read a 2014 article by Katherine Tracy, writing then for the Center for Effective Government, but now with CPR.

Congressional Review Act Assault on Our Safeguards

Targeted Rule Description CRA Resolution Status in House CRA Resolution Status in Senate Signed by President Trump?

EDUCATION

Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act--Accountability and State Plans, Dept. of Ed., Office of Elementary & Secondary Ed., Nov. 29, 2016 Implements changes to existing rules as required by the Every Student Succeeds Act and updates rules to include requirements for submission of state plans under ESEA programs. Passed by House on 2/7/17, 234-190 vote

Passed by Senate on  3/9/17, 50-49 vote

Pending
Teacher Preparation Issues, Dept. of Ed., Office of Postsecondary Ed., Oct. 31, 2016 Establishes rules to provide more meaningful data on teacher preparation program quality and amends rules to include teacher preparation program quality in deciding a program's eligibility for the TEACH Grant program. Passed by House on 2/7/17, 240-181 vote Passed by Senate on 3/8/17, 59-40 vote Pending

ENERGY EFFICIENCY

Energy Conservation Program: Test Procedures for Compressors, Dep't of Energy, Office of Energy Efficiency & Renewable Energy, Jan. 4, 2017 Establishes energy conservation standards for compressors Status pending

Introduced 3/9/17

N/A

ENVIRONMENT

Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources, Envtl. Prot. Agency, June 3, 2016 Sets GHG and VOC emissions standards for certain new, modified, and reconstructed equipment, processes, and activities across the oil and natural gas source category.

Resolution introduced in House, but invalid for reasons of timing. Deadline for congressional action (60 legislative days) has passed.

Repeal Effort Fails.

Final Amendments to the Risk Management Program (RMP) Rule, Envtl. Prot. Agency, Jan. 13, 2017 Strengthens disaster prevention and reporting requirements for the nation's high-risk chemical and industrial facilities. More info from the Coalition for Sensible Safeguards. Introduced 2/1/17 Introduced 3/2/17 N/A
Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS, Envtl. Prot. Agency, Oct. 26, 2016 Updates existing clean air standard to reduce interstate transport of ozone pollution and better protect human health and welfare. Status pending Introduced 2/3/17 N/A
Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Partial Approval and Partial Disapproval of Air Quality Implementation Plans and Federal Implementation Plan; Federal Implementation Plan for Regional Haze, Envtl. Prot. Agency, July 5, 2016 Partial approval and partial disapproval of State Implementation Plan revision submitted by the State of Utah to implement the regional haze program. Introduced 3/10/17 Introduced 3/13/17  N/A
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Gas, Dept. of Interior, Bureau of Land Mgmt., Nov. 17, 2016 Establishes minimum standards for measurement and reporting of all gas removed or sold from Federal and Indian (except the Osage tribe) leases, units, unit participating areas, and areas subject to communitization agreements. Introduced 2/7/17 Status pending N/A
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Oil, Dept. of Interior, Bureau of Land Mgmt., Nov. 17, 2016 Establishes minimum standards for the measurement of oil produced from Federal and Indian (except Osage Tribe) leases to ensure that production is measured and properly accounted for. Introduced 2/16/17 Status pending N/A
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security, Dept. of Interior, Bureau of Land Mgmt., Nov. 17, 2016 Establishes minimum standards for oil and gas facility site security and ensures that oil and gas produced from Federal and Indian (except Osage Tribe) oil and gas leases are properly and security handled. Introduced 2/1/17 Status pending N/A
Waste Prevention, Production Subject to Royalties, and Resource Conservation, Dept. of Interior, Bureau of Land Mgmt., Nov. 18, 2016 Standards to reduce methane emissions from oil and gas drilling on federal public lands. More info from the Coalition for Sensible Safeguards. Passed by House on 2/3/17, 221-191 vote Introduced 1/30/17 N/A
Resource Management Planning, Dept. of Interior, Bureau of Land Mgmt., Dec. 12, 2016 Amends procedural regulations for preparing, revising, or amending land use plans to maximize transparency, efficiency, and better respond to change. More info from the Coalition for Sensible Safeguards. Passed by House on 2/7/17, 234-186 vote Passed by Senate on 3/7/17, 51-48 vote Pending
Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf, Dept. of Interior, Bureau of Ocean Energy Mgmt., July 15, 2016 Safety and environmental standards for any future oil and gas drilling in the Arctic. More info from the Coalition for Sensible Safeguards. Introduced 1/30/17 Status pending N/A
General Provisions and Non-Federal Oil and Gas Rights, Dept. of Interior, Nat'l Park Serv., Nov. 4, 2016 Updates regulations governing the exercise of non-federal oil and gas rights within National Park Service units outside of Alaska  to better protect park resources, values and visitors. Introduced 1/30/17 Status pending N/A
Amendments to Civil Penalty Regulations, Dept. of Interior, Office of Natural Resources Revenue, Aug. 1, 2016 Adjusts civil penalty amounts for inflation, codifies new civil penalty authority for certain mineral leases, and publishes the office's civil penalty assessment table. More info from the Coalition for Sensible Safeguards. Introduced 1/31/17 Status pending N/A
Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform, Dept. of Interior, Office of Natural Resources Revenue, July 1, 2016 Simplifies, clarifies, and adds certainty and consistency to rules governing valuation oil and gas production from Federal leases and coal production from Federal and Indian leases. Introduced 2/13/17 Introduced 3/2/17 N/A
Stream Protection Rule, Dept. of Interior, Office of Surface Mining Reclamation & Enforcement, Dec. 20, 2016 Standards to protect the nation's streams, fish, and wildlife from coal mining pollution. More info from the Coalition for Sensible Safeguards. Passed by House on 2/1/17, 228-194 vote Passed by Senate on 2/2/17, 54-45 vote Signed 2/16/17; Repealed
Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska, Dept. of Interior, U.S. Fish & Wildlife Serv., Aug. 5, 2016 Amends regulations for National Wildlife Refuges in Alaska that govern predator control and public participation and closure procedures. More info from the Coalition for Sensible Safeguards. Passed by House on 2/16/17, 225-193 vote Passed by Senate on 3/21/17, 52-47 vote Pending
Management of Non-Federal Oil and Gas Rights, Dept. of Interior, U.S. Fish & Wildlife Serv., Nov. 14, 2016 Updates regulations governing the exercise of non-federal oil and gas rights within refuges outside of Alaska. Introduced 1/30/17 Status pending N/A
Endangered and Threatened Wildlife and Plants; Endangered Species Act Compensatory Mitigation Policy, Dept. of Interior, U.S. Fish & Wildlife Serv., Dec. 27, 2016  Implements new policy to improve consistency and effectiveness in the use of compensatory mitigation as recommended or required under the Endangered Species Act. Introduced 2/2/17 Status pending N/A
U.S. Fish and Wildlife Service Mitigation Policy, Dept. of Interior, U.S. Fish & Wildlife Serv., Nov. 21, 2016 Revises the Mitigation Policy that guides the agency's recommendations on mitigating the adverse impacts of land and water developments on fish, wildlife, plants, and their habitats. Introduced 1/31/17 Status pending N/A
Update of the Water Control Manuals and Water Supply Storage Assessment for the Apalachicola-Chattahoochee-Flint River Basin, U.S. Army Corps of Engineers, Not Yet Finalized Updates Water Control Manuals to determine how federal projects in the ACF Basin should adjust operations. Introduced 2/16/17 Status pending N/A

FINANCE

Prepaid Accounts under the Electronic Fund Transfer Act and the Truth in Lending Act, Consumer Financial Prot. Bureau, Nov. 22, 2016 Creates comprehensive consumer protections for prepaid accounts, including payroll card accounts and government benefit accounts. More info from the Coalition for Sensible Safeguards Introduced, 2/3/17 Introduced 2/1/17 N/A
Disclosure of Payments by Resource Extraction Issuers, Securities and Exchange Comm'n, July 27, 2016 Adopts a rule required by Dodd-Frank Act relating to disclosure of payments by resource extraction issuers. More info from the Coalition for Sensible Safeguards.  Passed by House on 2/1/17, 235-187 vote Passed by Senate on 2/3/17, 52-47 vote Signed 2/14/17; Repealed
Treatment of Certain Interests in Corporations as Stock or Indebtedness, Dept. of Treasury, Internal Revenue Serv., Oct. 21, 2016 Sets forth documents required for certain related-party interests in a corporation to be treated as indebtedness for federal tax purposes, and treat as stock certain related-party interests that otherwise would be treated as indebtedness for federal tax purposes. Introduced 1/31/17 Status pending N/A

HEALTH

Compliance with Title X Requirements by Project Recipients in Selecting Subrecipients, Dept of Health & Human Servs., Office of Population Affairs, Dec. 19, 2016 Amends eligibility criteria under Title X family planning services program so no recipient making sub-awards as part of its Title X project may prohibit an entity from participating for reasons other than its ability to provide Title X services. More info from the Coalition for Sensible Safeguards Passed by House on 2/16/17, 280-188 Introduced 1/30/17 N/A

LABOR

Fair Pay and Safe Workplaces Amendments to Federal Acquisition Regulation, Defense Dept., Gen. Servs. Admin., and NASA, Aug. 25, 2016 Amends the Federal Acquisition Regulation to ensure federal contractors are protecting workers from workplace hazards, wage theft, retaliation, and other problems. More info from the Coalition for Sensible Safeguards. Passed by House on 2/2/17, 236-187 vote Passed by Senate on 3/6/2017, 49-48 vote Pending
Drug Testing of Unemployment Compensation Applicants, Dept. of Labor, Employment & Training Admin., Aug. 1, 2016 Establishes, for State Unemployment Compensation program purposes, occupations that regularly conduct drug testing. Passed by House on 2/16/17, 236-189 vote Passed by Senate on 3/14/17, 51-48 vote Pending
Savings Arrangements Established by States for Non-Governmental Employees, Dept. of Labor, Employee Benefits Security Admin., Aug. 30, 2016 Describes circumstances in which state payroll deduction savings programs with automatic enrollment would not give rise to establishment of employee pension benefit plans under ERISA and gives guidance to states on designing such programs. Passed by House on 2/15/17, 231-193 Introduced 3/6/17 N/A
Savings Arrangements Established by Qualified State Political Subdivisions for Non-Governmental Employees, Dept. of Labor, Employee Benefits Security Admin. Dec. 20, 2016 Amends an existing rule describing how states may design and operate payroll deduction savings programs for private-sector employees without having to establish ERISA plans, to include state political subdivisions and their programs under the rule. Passed by House on 2/15/17, 234-191 Introduced 3/6/17 N/A
Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness, Dept. of Labor, Occupational Safety & Health Admin., Dec. 19, 2016 Clarifies that employers have an ongoing obligation to make and maintain accurate records of work-related injuries and illnesses. Passed by House on 3/2/17, 231-191 Introduced 3/2/17 N/A

SOCIAL SECURITY

Implementation of the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007, Social Security Admin., Dec. 19, 2016 Establishes rules to identify individuals who receive Disability Insurance benefits or Supplemental Security Income and meet other criteria including information about mental health benefits, and to provide that information to the Attorney General, so that it can be considered during gun purchases. Passed by House on 2/2/17, 235-180 vote Passed by Senate 2/15/17, 57-43 vote Signed 2/28/17; Repealed

TELECOMMUNICATIONS

Protecting the Privacy of Customers of Broadband and Other Telecommunications Services, Federal Communications Comm'n, Dec. 2, 2016 Provides heightened protection of customer information by requiring privacy and data breach notices, customer opt-in or opt-out for use of their information, and additional security measures. Introduced 3/8/17 Passed by Senate, 3/23/17, 50-48 vote N/A

TRANSPORTATION

Metropolitan Planning Organization Coordination and Planning Area Reform, Dept. of Transportation, Fed. Highway Admin., Dec. 20, 2016 Updates transportation planning rules concerning the establishment of metropolitan planning area boundaries and promotes more effective regional planning. Introduced 3/1/17 Pending N/A

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