Biden Unveils Unified Agenda of Federal Regulations for Fall 2023

By Better Today On Dec 7, 2023

TL/DR –

The Biden administration has released the Fall 2023 edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions, which provides a snapshot of active and longer-term rules at various states of urgency. The agenda shows a shift in focus from traditional priorities of paperwork reduction, regulatory oversight, and balancing of costs and benefits to advancing “net benefits” as seen by progressives. The new Fall Agenda is the first to fully incorporate Biden’s Executive Order 14,094, which raises the bar for what qualifies as a “significant regulatory action” worthy of deeper analysis to one with $200 million in annual economic effects, up from the previous threshold of $100 million.

Biden Administration’s Fall 2023 Regulatory Priorities Highlighted in Unified Agenda

The Unified Agenda of Federal Regulatory and Deregulatory Actions, a snapshot of active and long-term federal rulemaking priorities, was recently released by the Biden administration. The twice-yearly agenda showcases the progress of rules at different states of urgency, along with a selection of recently finalised rules.

While priority has traditionally been given to paperwork reduction and regulatory oversight, there has been a shift under Biden’s administration. Biden’s Executive Order 14,094 on “Modernizing Regulatory Review” has changed the focus of the White House Office of Management and Budget’s (OMB) from supervision to advancing “net benefits”. This has led to the enabling of top-down campaigns focusing on areas like climate change and energy policy, air quality, chemical regulation, and more.

The introduction to the Fall 2023 edition also mentions the influence of the Infrastructure Investment and Jobs Act, Inflation Reduction Act, and the CHIPS and Science Act. Given the regulatory nature of these laws, more rules can be expected in future Agendas.

The new fall Agenda marks the first appearance of Biden’s directive to revise longstanding “Circular A-4” guidance on regulatory analysis. This pivot away from a strict cost-benefit stance towards non-objective net-benefit pursuits is significant, as future Agendas will further entrench this unless stopped by Congress.

Furthermore, Biden has raised the bar for what qualifies as a “significant regulatory action” to one with $200 million in annual economic effects, up from the previous $100 million threshold. This is the first time this adjustment has been incorporated into the Agenda.

Agencies issue thousands of rules and regulations annually, compared to the relatively few laws enacted by Congress. The Fall 2023 Agenda includes 3,599 rules from over 60 federal departments, agencies, and commissions, categorised as Active Actions (2,524), Completed Actions (431), and Long-term Actions (644).

Despite Biden’s higher threshold for significance, the Unified Agenda includes a new “Section 3(f)(1) Significant” category of rules, suggesting a potential increase in rulemaking. This calls for close monitoring by Congress and highlights the need for transparency and control in the regulatory process.

The implications of the Unified Agenda are particularly significant in light of the approaching election year, as the administration may strive to complete regulations quickly to avoid vulnerability to the Congressional Review Act. This presents a challenge in tracking the scope of government and puts a spotlight on the need for effective oversight.