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The Economy

EPIC EXPLAINER: The Unified Agenda

The Economy EPIC Explainers ResourceDecember 2, 2024 By Anthony Campau

Introduction

The Executive Branch’s comprehensive regulatory agenda is published twice annually and provides an overview of the Administration’s regulatory activities.

What is the Unified Agenda of Regulatory & Deregulatory Actions?

The Unified Agenda of Regulatory and Deregulatory Actions – more commonly known as the “Unified Agenda” or, simply, “the Agenda” – is a list of all regulatory and deregulatory actions currently being developed at all federal departments and agencies. It is, in effect, a snapshot in time of the Executive Branch’s central regulatory database, including each upcoming regulation for which a regulatory docket has been created. The Unified Agenda is published twice per year, once in the spring and once in the fall. The Fall Agenda is the bigger of the two, as it is published alongside the Regulatory Plan, which provides an overview of the President’s regulatory ambitions and philosophy, as well as agency-specific explanations of key regulatory priorities and principles. The most current Unified Agenda (published in Spring 2024) is available online at: https://www.reginfo.gov/public/do/eAgendaMain. President Trump’s Fall 2018 Regulatory Plan from then-OIRA Administrator Neomi Rao is also available online. The final Biden Administration Regulatory Plan is expected to be published shortly, and will constitute the final look at President Biden’s regulatory plan.

What is the governing authority for the Agenda?

Executive Order 12866 provides the longstanding instruction to develop and publish the Unified Agenda. Previously, President Reagan’s Executive Order 12291 provided that instruction. The Regulatory Flexibility Act also requires publication of a “regulatory flexibility agenda,” which has largely been subsumed by the Unified Agenda.

Why is the Unified Agenda so important?

First, the Agenda serves as a helpful organizing mechanism for the President and the Executive Branch. It is published by the Office of Information and Regulatory Affairs (OIRA) within the U.S. Office of Management and Budget (OMB). The Agenda development process creates a systematic opportunity for each agency’s leadership to assess the rules being drafted across that agency’s components, to identify gaps, and to identify rules that need to be changed or removed from the regulatory pipeline. It can also provide OMB/OIRA and the White House an opportunity to review and coordinate on planned regulatory actions. Second, the Agenda provides the public and Congress with a unique window into the upcoming regulatory actions of federal agencies. It helps to provides vital public transparency, enables Congressional oversight opportunities, and advances core constitutional principles such as fair notice and due process.

Author

Anthony P. Campau

Anthony P. Campau

Fellow in Regulatory Modernization and Alignment

Anthony P. Campau is a Fellow in Regulatory Modernization and Alignment at the Economic Policy Innovation Center (EPIC) in Washington, DC. Campau previously served as Chief of Staff and Counselor for the Office of Information and Regulatory Affairs (OIRA) within the U.S. Office of Management and Budget (OMB), which oversees the development of regulatory and information policy across the Executive Branch of the U.S. federal government. In that capacity, he worked with the senior political and career leadership of federal departments and agencies on the development of new regulations, information collections, and key guidance. He helped to lead interagency collaborations on a range of technical regulatory matters, contributed to international regulatory cooperation activities, and helped to strengthen and enforce federal information policy standards. Having also served as a Core Member of the Regulatory Reform Team on the 2016 Presidential Transition Team and as a member of the Beachhead Team at OMB/OIRA, Campau also played an early role in helping to develop and implement significant regulatory process and policy reforms across the U.S. federal government. Campau clerked for Judge Neomi Rao of the U.S. Court of Appeals for the D.C. Circuit and was a regulatory policy fellow at the Roe Institute for Economic Policy Studies at The Heritage Foundation. He has testified before Congress on regulatory issues, represented the U.S. federal government in numerous international regulatory cooperation initiatives, published and spoken widely on regulatory topics, and contributed to collaborative works such as the Mandate for Leadership . Campau earned a J.D. and an LL.M. in securities and financial regulation from Georgetown University Law Center and a B.A. in history from Southeastern University.

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