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Home » White House Releases Fall 2024 Unified Agenda Of Federal Regulatory And Deregulatory Actions
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White House Releases Fall 2024 Unified Agenda Of Federal Regulatory And Deregulatory Actions

MNK NewsBy MNK NewsDecember 16, 2024No Comments7 Mins Read
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Federal departments and agencies have highlighted their rulemaking priorities in the (usually) twice yearly Unified Agenda of Federal Regulatory and Deregulatory Actions since the early 1980s. This weekend, the Biden administration Office of Management and Budget (OMB) released the Fall 2024 edition.

Regulations Icons Concept

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The Agenda presents for public consumption the status of active and longer-term federal rules and regulations moving through the pipeline, along with a selection of rules finalized since the prior edition.

Ideally, the Agenda and related publications like the Information Collection Budget and the Report to Congress on the Benefits and Costs of Federal Regulations emphasize paperwork reduction, regulatory oversight and the balancing of costs and benefits. But the Agenda has never been a complete inventory—nor does the “Deregulatory” in the title figure in that much. The bottom line is that agencies’ rulemakings are not constrained to those disclosed in the Agenda unless an administration requires it, and the Agenda becomes a weaker depiction of reality as “regulations” manifest themselves in ways other than rules (such as via guidance documents).

Atop those shortcomings, Biden’s transformational “Modernizing Regulatory Review” memorandum and Executive Order 14,094 markedly shifted OMB’s emphasis from that of watchdog to advancing net benefits as progressive activists see them.

While the terse OMB preamble for this final Agenda reflects none of the flowery pro-government emphasis evident early in Biden’s term, it is present, for example, in the Department of Agriculture’s preamble: “All of USDA’s programs, including the priorities contained in this Regulatory Plan, will be structured to advance the cause of equity by removing barriers and opening new opportunities for all of our customers.”

Who knew USDA was a business with “customers”? Similar, the Environmental Protection Agency’s preamble singles out “communities with environmental justice concerns” in its very first sentence. Such custodial attitudes are deeply rooted now and pose challenges for the incoming Trump administration and the advisory Department of Government Efficiency (DOGE).

Agencies finalize thousands of rules and regulations every year compared to the handful of laws Congress enacts. There have been 3,059 final rules in 2024 as of today, amid a 101,836 page Federal Register that already outstrips Obama’s 2016 record of 95,894 pages.

101,836-pages to date: Federal Register, Monday, December 16, 2024

National Archives

The Fall 2024 Agenda showcases 3,331 rules overall at various stages of production, from over 60 federal departments, agencies and commissions. While this tally is down markedly from Spring’s 3,698 (and Fall 2023’s 3,599) we’ll see later that costlier subsets are higher. The overall breakdown looks like this:

Active Actions (2,233)

These are pre-rule documents and proposed and final rules anticipated or prioritized for the near future. The Fall count is down from 2,361 in Spring (and 2,524 in fall 2023).

Rules in the Unified Agenda may stew for years across editions before completion, and that is reflected here. In Fall 2024, just 275 of the Active elements are appearing in the Agenda for the first time, compared to 405 newcomers in Spring 2024 (and 320 new in the fall 2023). Despite these declines, there may yet appear a surge of Biden midnight rules in the coming five weeks.

Completed Actions (453)

These are subset of rulemakings completed since the prior Agenda, therefore during (approximately) the previous six months. The new tally marks a massive one-third drop from Spring’s 689 (and is comparable to Fall 2023’s 431 rules completed). This surge-and-dip could, in part, reflect the vulnerability of rules issued late in 2024 to the Congressional Review Act’s (CRA) 60-legislative-day window for a “resolution of disapproval” process by the upcoming 119th Congress and new administration.

Notably, forty-five completed actions in the Agenda were appearing there for the first time, putting a dent in the notion that the Agenda serves a predictive function.

Long-term Actions (645)

These actions signify anticipated longer-term priority rulemakings beyond 12 months. The fresh count is similar to Spring’s 648 and last Fall’s 644, but there’s been a jump in the costlier subset, perhaps indicating the necessity for an outgoing administration to settle for Christmas wishes instead of active pursuit of some rules. Thirty-eight Long-term actions are appearing in the Agenda for the first time.

A Complete Breakdown of the 3,331 Rules

A handful of executive departments account for the greatest number of the rules in the pipeline. The Departments of the Treasury, Interior, Transportation, Commerce and Health and Human Services comprise the top five with 1,449 rules among them, accounting for 43 percent of the total. The Environmental Protection Agency is sixth place with 190 rules in the pipeline. Among independent agencies, the Federal Communications Commission leads with 113 rules. Just below appears agency detail on which Agencies are responsible for the 3,331 rules currently in the pipeline.

Unified Agenda Entries by Department, Agency and Commission, Fall 2024

Compiled by the author from White House Office of Management and Budget

High-Dollar Rules Jumped in 2024

A costlier subset of total rules deserves some degree of attention. So-called “major” rules retain the $100 million threshold stipulated in the Congressional Review Act. Biden’s Modernizing Regulatory Review executive order, however, raised the threshold for “Section 3(f)(1) Significant” rules (the term refers to clause in the Clinton-era Executive Order 12,866) warranting deeper analysis from $100 million to $200 million or more, creating a tension between congressional intent and this administration. (Other criteria, such as a rule’s raising novel legal issues also renders significance, but cost gets most attention.) The table just below breaks down rules of various significance levels in the Fall Agenda compared to Spring.

Biden Regulation Snapshot: Unified Agenda Entries by Rule Stage and Significance, Fall 2024

Compiled by the author from White House Office of Management and Budget

There are 222 “S3F1” rules overall at the completed, active and long-term stages in the new Agenda, compared to 287 in the Spring. The broader major component of major rules (encompassing S3F1, generally) stands at 332 and 263 for fall and spring, respectively.

The completed component is of particular interest, as these are the rules that, should they fall within the CRA’s 60-day window, are vulnerable to being overturned. Forty-nine major rules are among those completed in the Fall agenda, compared to 97 in the Spring edition. In the year-end Agenda, we would expect to see fewer completed major and S3F1 rules, with some possibly shifting to the longer term’ category; As it stands, long-term majors jumped to 77 from 42.

A late-year drop in completed major rules and shift to long-term is not unexpected, since one would anticipate a rush to complete priority rulemakings before they become potentially vulnerable to a resolution of disapproval. Despite that, the Biden administration completed substantially more total major rules in the Spring and Fall Agendas in 2024 compared to prior years. Where we see 146 completed major rules in the Spring and Fall Agendas (the noted 97 plus 49, respectively), there were 91 in 2023.

We can now anticipate that Congress, the incoming White House and DOGE will examine the effective dates of 2024’s completed major rules as well as others of controversy, as a substantial number may prove to have not been finalized before the CRA window reveals itself, making them candidates for a disapproval resolution.

Targets for the 119th Congress may be wider than many anticipate. Each Unified Agenda typically includes over 1,000 additional rules categorized as “other significant,” beyond major rules. As depicted in the table above, this Fall there were 1,039 such rules, compared to 1,163 in Spring. The Active among all of these will likely be frozen for reassessment by the new administration, which is typical. The completed component here will also provide candidates for potential overturn under the CRA. Currently, there are 114 “other significant” rules that Congress might review, compared to a whopping 204 that had been chalked up in time for the Spring Agenda.

The Unified Agenda stands as one of the few imperfect tools available to gauge and restrain the regulatory reach of Washington. As the 119th Congress convenes and a new administration takes charge, the opportunity to address Biden-era regulatory excesses is substantial. Beyond reviewing major and significant rules finalized in 2024 under the CRA, Congress must prioritize restoring or if necessary replacing OMB’s oversight role. This entails a renewed emphasis on limiting legislative and regulatory powers, not only undoing Biden’s “Modernizing Regulatory Review” framework but surpassing even pre-Biden levels of rigor for which policymakers once settled.



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