Regulatory Reform Actions

On October, 4, 2017, the Department of Treasury announced recommended actions to withdraw, partially revoke, or revise eight regulations identified by Treasury for review under Executive Order 13789, which called for the identification of tax regulations that impose an undue burden on taxpayers.

Among the actions recommended, Treasury announced the withdrawal of proposed regulations under section 2704 on Restrictions on Liquidation of an Interest for Estate, Gift, and Generation-Skipping Transfer Taxes. The proposed regulations would have eliminated “valuation discounts,” a policy which currently permits certain discounts for lack of control (minority interests) and lack of marketability that are commonly applied to lower the value of transferred interests for gift, estate, and generation-skipping tax purposes. By eliminating valuation discounts, the proposed regulations would have negatively impacted succession planning for many small businesses.

On November 1, 2016, Advocacy submitted a public comment letter conveying small business concerns about the estate valuation proposal.  On July 7, 2017, Treasury issued Notice 2017-38 to announce that the agency would be reviewing eight deregulatory actions, including the estate valuation proposed regulations.

Advocacy contact: Charles Maresca 

 

Congressional Review Act Rules

**Advocacy provides this list for informational purposes only.  Specific questions regarding regulations affected by the CRA are best directed to the promulgating federal agency.**

The Congressional Review Act of 1996 established expedited (or “fast track”) procedures by which Congress may disapprove a broad range of regulatory rules issued by federal agencies by enacting a joint resolution of disapproval. The joint resolution must be signed by the President for the regulation to be rescinded or canceled by the agency. For more information, visit: https://www.senate.gov/CRSpubs/316e2dc1-fc69-43cc-979a-dfc24d784c08.pdf

 

Signed by President

  • H.J. Res. 41—Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Exchange Commission relating to ‘‘Disclosure of Payments by Resource Extraction Issuers’’.
    • Became Public Law No. 115-4 on 2/14/2017
  • H.J. Res. 38—Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule.
    • Became Public Law No. 115-5 on 2/16/2017
  • H.J. Res. 40—Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007.
    • Became Public Law No. 115-8 on 2/28/2017
  • H.J. Res. 37—Disapproving the final rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation (fair pay and safe workplaces)
    • Became Public Law No. 115-11 on 3/27/2017
  • H.J. Res. 44 – Disapproving the rule submitted by the Department of the Interior relating to Bureau of Land Management regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act of 1976.
    • Became Public Law No. 115-12 on 3/27/2017
  • H.J.Res. 57 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965.
    • Became Public Law No. 115-13 on 3/27/2017
  • H.J.Res. 58 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues.
    • Became Public Law No. 115-14 on 3/27/2017
  • H.J. Res. 42 – Disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants.
    • Became Public Law No. 115-17 on 3/31/2017
  • H.J. Res. 69 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska“.
    • Became Public Law No. 115-20 on 4/3/2017
  • H.J. Res. 83 – Disapproving the rule submitted by the Department of Labor relating to “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness“.
    • Became Public Law No. 115-21 on 4/3/2017
  • S.J.Res. 34 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services”.
    • Became Public Law No. 115-22 on 4/3/2017
  • H.J. Res. 43 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients.
    • Became Public Law No. 115-23 on 4/13/2017
  • H.J. Res. 67 – Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by qualified State political subdivisions for non-governmental employees.
    • Became Public Law No. 115-24 on 4/13/2017
  • H.J. Res. 66 – Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by States for non-governmental employees.
    • Became Public Law No. 115-35 on 5/17/2017

 

Passed in the House

  • H.J. Res. 36 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Bureau of Land Management relating to “Waste Prevention, Production Subject to Royalties, and Resource Conservation”.
    • Passed in the House on 2/3/2017; motion to proceed to consideration of measure rejected in the Senate on 5/10/2017

 

Rules Introduced in the House

  • H.J Res. 11 – Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule.
    • Referred to the House Committee on Natural Resources on 1/3/2017
  • H.J. Res. 16 – Disapproving a rule submitted by the Department of the Interior known as the “Stream Protection Rule”.
    • Referred to the House Committee on Natural Resources on 1/4/2017
  • H.J. Res. 22 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources”.
    • Referred to the Subcommittee on Environment on 1/25/2017
  • H.J. Res. 34 – Disapproving the rule submitted by the Department of the Interior regarding requirements for exploratory drilling on the Arctic Outer Continental Shelf.
    • Referred to the House Committee on Natural Resources on 1/27/2017
  • H.J. Res. 35 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska”.
    • Referred to the House Committee on Natural Resources on 1/27/2017
    • Similar to S.J. Res. 18, H.J. Res. 49, and H.J. Res. 69, which became P.L. No. 115-20 on 4/3/2017
  • H.J. Res. 39 – Disapproving a rule submitted by the Department of Health and Human Services relating to “Compliance with Title X Requirements by Project Recipients in Selecting Subrecipients”.
    • Referred to the Subcommittee on Health on 2/3/2017
  • H.J. Res. 45 – Disapproving the rule submitted by the United States Fish and Wildlife Service of the Department of the Interior relating to management of non-Federal oil and gas rights.
    • Referred to the House Committee on Natural Resources on 1/30/2017
  • H.J. Res. 46 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the National Park Service relating to “General Provisions and Non-Federal Oil and Gas Rights”.
    • Referred to the House Committee on Natural Resources on 1/30/2017
  • H.J. Res. 47 – Disapproving the rule submitted by the Department of the Interior regarding requirements for exploratory drilling on the Arctic Outer Continental Shelf.
    • Referred to the House Committee on Natural Resources on 1/30/2017
  • H.J. Res. 49 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska”.
    • Referred to the House Committee on Natural Resources on 1/30/2017
    • Similar to S.J. Res. 18, H.J. Res. 35, and H.J. Res. 69, which became P.L. 115-20 on 4/3/2017
  • H.J. Res. 52 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the United States Fish and Wildlife Service relating to “Mitigation Policy”.
    • Referred to the House Committee on Natural Resources on 1/30/2017
  • H.J. Res. 54 – Disapproving the rule submitted by the Department of the Treasury and the Internal Revenue Service relating to documentation requirements for certain related-party interests in a corporation to be treated as indebtedness.
    • Referred to the House Committee on Ways and Means on 1/31/2017
  • H.J. Res. 55 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Office of Natural Resources Revenue relating to “Amendments to Civil Penalty Regulations”.
    • Referred to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law on 2/8/2017
  • H.J. Res. 56 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Bureau of Land Management relating to “Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security”.
    • Referred to the House Committee on Natural Resources on 2/1/2017
  • H.J. Res. 59 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act”.
    • Referred to the House Committee on Energy and Commerce on 2/1/2017
  • H.J. Res. 60 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the United States Fish and Wildlife Service relating to the use of compensatory mitigation as recommended or required under the Endangered Species Act of 1973.
    • Referred to the House Committee on Natural Resources on 2/2/2017
  • H.J. Res. 62 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act.
    • Referred to the House Committee on Financial Services on 2/3/2017
    • Similar to S.J. Res. 19 and H.J. Res. 73
  • H.J. Res. 68 – Providing for congressional disapproval under chapter 8 of title 5 of the United States Code of a rule submitted by the Bureau of Land Management relating to standards for measurement and reporting of gas removed or sold from Federal and Indian lands and areas subject to communitization agreements.
    • Referred to the House Committee on Natural Resources on 2/7/2017
  • H.J. Res. 70 – Disapproving the rule submitted by the Department of the Interior regarding requirements for exploratory drilling on the Arctic Outer Continental Shelf.
    • Referred to the House Committee on Natural Resources on 2/9/2017
  • H.J. Res. 71 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Office of Natural Resources Revenue of the Department of the Interior relating to consolidated Federal oil and gas and Federal and Indian coal valuation reform.
    • Referred to the House Committee on Natural Resources on 2/13/2017
    • Similar to S.J. Res. 29
  • H.J. Res. 73 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act.
    • Referred to the House Committee on Financial Services on 2/14/2017
    • Similar to S.J. Res. 19 and H.J. Res. 62
  • H.J. Res. 77 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Army Corps of Engineers relating to the Apalachicola-Chattahoochee-Flint River Basin Water Control Master Manual.
    • Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management on 2/17/2017
  • H.J. Res. 82 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Bureau of Land Management relating to “Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Oil”.
    • Referred to the House Committee on Natural Resources on 2/16/2017
  • H.J. Res. 84 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Transportation relating to “Metropolitan Planning Organization Coordination and Planning Area Reform”.
    • Referred to the Subcommittee on Highways and Transit on 3/2/2017
  • H.J. Res. 86 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services”.
    • Referred to the Subcommittee on Communications and Technology on 3/10/20174
    • Similar to S.J. Res. 34, which became P.L. 115-22 on 4/3/2017
  • H.J. Res. 87 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Partial Approval and Partial Disapproval of Air Quality Implementation Plans and Federal Implementation Plan; Utah; Revisions to Regional Haze State Implementation Plan; Federal Implementation Plan for Regional Haze”.
    • Referred to the House Subcommittee on Environment on 3/17/2017
    • Similar to S.J. Res. 38
  • H.J. Res. 96 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Interior relating to “Eastern Interior Proposed Resource Management Plan and Final Environmental Impact Statement”.
    • Referred to the House Committee on Natural Resources on 4/6/2017
  • H.J. Res. 97 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Agriculture relating to “Tongass National Forest Land and Resource Management Plan Amendment”.
    • Referred to the House Committee on Natural Resources on 4/6/2017

 

Rules Introduced in the Senate

  • S.J. Res. 9 – A joint resolution providing for congressional disapproval under chapter 8, of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to the disclosure of payments by resource extraction issuers.
    • Referred to the Committee on Banking, Housing, and Urban Affairs on 1/30/2017
  • S.J. Res. 10 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by the Secretary of the Interior relating to stream protection.
    • Referred to the Committee on Energy and Natural Resources on 1/30/2017
    • Similar to H.J. Res. 38, which became P.L. 115-5 on 2/16/2017
  • S.J. Res. 11 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Bureau of Land Management relating to “Waste Prevention, Production Subject to Royalties, and Resource Conservation”.
    • Referred to the Committee on Energy and Natural Resources
  • S.J. Res. 12 – A joint resolution disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation.
    • Referred to the Committee on Homeland Security and Governmental Affairs on 1/30/2017
  • S.J. Res. 13 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by the Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients.
    • Referred to the Committee on Health, Education, Labor, and Pensions on 1/30/2017
    • Similar to H.J. Res. 43, which became P.L. 115-23 on 4/13/2017
  • S.J. Res. 14 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007.
    • Referred to the Committee on Finance on 1/30/2017
    • Similar to H.J. Res. 40, which became P.L 115-8 on 2/28/2017
  • S.J. Res. 15 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by the Director of the Bureau of Land Management relating to resource management planning.
    • Referred to the Committee on Energy and Natural Resources on 1/30/2017
  • S.J. Res. 18 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by the Department of the Interior relating to Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska.
    • Referred to the Committee on Energy and Natural Resources on 2/1/2017
    • Similar to H.J. Res. 35, H.J. Res. 49, and H.J. Res. 69, which became P.L. 115-20 on 4/3/2017
  • S.J. Res. 19 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act.
    • Placed on Senate Legislative Calendar under General Orders, Calendar No. 28, on 3/30/2017
    • Similar to H.J. Res. 62 and H.J. Res. 73
  • S.J. Res. 21 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS.
    • Referred to the Committee on Environment and Public Works on 2/3/2017
  • S.J. Res. 23 – A joint resolution disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants.
    • Referred to the Committee on Finance on 2/16/2017
  • S.J. Res. 25 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965.
    • Referred to the Committee on Health, Education, Labor, and Pensions on 2/28/2017
  • S.J. Res. 26 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues.
    • Referred to the Committee on Health, Education, Labor, and Pensions on 3/2/2017
    • Similar to H.J. Res. 58, which became P.L. 115-14 on 3/27/2017
  • S.J. Res. 27 – A joint resolution disapproving the rule submitted by the Department of Labor relating to “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness”.
    • Referred to the Committee on Health, Education, Labor, and Pensions on 3/2/2017
  • S.J. Res. 28 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Administrator of the Environmental Protection Agency relating to accidental release prevention requirements of risk management programs under the Clean Air Act.
    • Referred to the Committee on Environment and Public Works on 3/2/2017
  • S.J. Res. 29 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Office of Natural Resources Revenue of the Department of the Interior relating to consolidated Federal oil and gas and Federal and Indian coal valuation reform.
    • Referred to the Committee on Energy and Natural Resources on 3/2/2017
    • Similar to H.J. Res. 71
  • S.J. Res. 32 – A joint resolution disapproving the rule submitted by the Department of Labor relating to savings arrangements established by States for non-governmental employees.
    • Referred to the Committee on Finance on 3/6/2017
  • S.J. Res. 33 – A joint resolution disapproving the rule submitted by the Department of Labor relating to savings arrangements established by qualified State political subdivisions for non-governmental employees.
    • Referred to the Committee on Health, Education, Labor, and Pensions on 3/6/2017
    • Similar to H.J. Res. 67, which became P.L. 115-24 on 4/13/2017
  • S.J. Res. 37 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to “Energy Conservation Program: Test Procedures for Compressors”.
    • Referred to the Committee on Energy and Natural Resources on 3/9/2017
  • S.J. Res. 38 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Partial Approval and Partial Disapproval of Air Quality Implementation Plans and Federal Implementation Plan; Utah; Revisions to Regional Haze State Implementation Plan; Federal Implementation Plan for Regional Haze”.
    • Referred to the Committee on Environment and Public Works on 3/13/2017
    • Similar to H.J. Res. 87

 

Attachments Size
LA_RRR_Summary 55Kb
Idaho_RRR_Summary 17Kb
Advocacy_Memo_to_Agencies_re_EO_13771_13777 533Kb
KentuckyOhiosummary 27Kb
MissouriKansasSummary 19Kb
RRO_Letter_USDA_FINAL 262Kb
RRO_Letter_Edu_FINAL 183Kb
RRO_Letter_EPA_FINAL 191Kb
RRO_Letter_DOE_FINAL 203Kb
RRO_Letter_FCC_FINAL 185Kb
RRO_Letter_HHS_FINAL 212Kb
Advocacy_RRO_Letter_DHS 178Kb
RRO_Letter_DOI_FINAL 197Kb
Advocacy 173Kb
Advocacy_RRO_Letter_DOL 298Kb
Advocacy 178Kb
RRO_Letter_DOT_FINAL 212Kb
RRO_Letter_Treasury_FINAL 188Kb
RRO_Letter_HUD_FINAL 178Kb
RRO_Letter_SBA_FINAL 189Kb
Virginia_summary 18Kb
Mass_and_NH 27Kb