As we previously reported, President Trump has directed that “for every one new regulation issued, at least two prior regulations be identified for elimination.”  Now HUD is establishing a regulatory task force charged with identifying agency regulations that should be repealed, replaced or modified. As part of this review, HUD invites public comments to assist in identifying existing regulations that may be outdated, ineffective or excessively burdensome.

At LeadingAge, we started already to build a list of potential topics to suggest (see preliminary list below).  However, our formal response to the latest solicitation and formalized submission using regulations.gov will need more details to respond fully to the questions HUD has asked.

Help LeadingAge Provide Detailed Feedback 

For each regulation identified to be repealed, replaced, or modified, HUD asks whether the regulation:

(a) Results in the elimination of jobs, or inhibits job creation;
(b) Is outdated, unnecessary, or ineffective;
(c) Imposes costs that exceed benefits;
(d) Creates a serious inconsistency or otherwise interferes with regulatory reform initiatives and policies;
(e) Is inconsistent with the requirements or regulations of section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), which requires that agencies maximize the quality, objectivity, and integrity of the information (including statistical information) they disseminate; or
(f) Derives from or implements Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.

HUD is also seeking feedback on:

  • What factors HUD should use when considering how to prioritize rules when implementing the regulatory offsets.
  • Are there any HUD regulatory requirements that have been overtaken by technological developments? Can new technologies be used to modify, streamline, or do away with these requirements?
  • Are there any existing HUD requirements that duplicate or conflict with requirements of another Federal agency? Can the requirement be modified to eliminate the conflict?
  • What are the estimated total compliance costs of the HUD regulations to which you or your organization must comply? (to include cost of information collections, recordkeeping, etc.) So systems, policy modifications, consultants to implement/review for compliance, etc.

Please send suggestions and regulatory compliance burden details directly to cbloom@leadingage.org (include “regulatory reform” or “regulatory burden” in the subject line, please!).

Executive Orders Focus on Regulatory Reform

President Trump issued the following Executive Orders dealing with regulatory reform: 

Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs issued January 30 articulates a goal of reducing regulatory burden by “offsetting,” indicating that “for every one new regulation issues, at least two prior regulations [should] be identified for elimination” and that “the total incremental cost of all new regulations, including repealed regulations, to be finalized this year [fiscal 2017] shall be no greater than zero…” For purposes of this executive order, the term “regulation” or “rule” has broad implications. In this case, the definition is stated as “an[y] agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the procedure or practices requirements of an agency.”

Presidential Executive Order on Enforcing the Regulatory Reform Agenda issued February 24 directs each federal agency to establish a Regulatory Reform Task Force, to evaluate existing regulations, and make recommendations to the agency head regarding their repeal, replacement, or modifications, consistent with applicable law. The task forces are instructed at least in part to attempt to identify regulations that “are outdated, unnecessary or ineffective; imposed costs that exceed benefits; [or] create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies” and to “seek input and other assistance…from entities significantly affected by Federal regulations including State, local and tribal governments, small business, consumers, non-governmental organizations, and trade associations.”

LeadingAge Preliminary Ideas for Regulatory Reform 

As articulated by Roger Myers, CEO of Presbyterian Villages of Michigan, during the first call of the newly formed LeadingAge Housing Advisory Group in February, this administration priority “opens the door for housing providers to proactively identify and advocate for more rational and effective processes. It is not an opportunity to be squandered.”

Given this background, and with an understanding and expectation that desired regulations such as implementing the Housing Opportunities Through Modernization Act (HOTMA), unanimously passed by Congress last summer,  may require some offsets, LeadingAge invited the self-nominated members of the new Housing Advisory Group* and members of the Public Policy Congress to make suggestions for a preliminary submission to be sent to Secretary Carson.

The following topics so far have been identified:

* NOTE: The Housing Advisory Group is open to all LeadingAge members. Anyone wishing to participate in future advisory group discussions should contact Niles Godes at ngodes@leadingage.org