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"How Donald Trump Has Remade the Rules for Business - As president, he vowed to lift regulation. Here’s a sampling of what he has done" - WSJ

本文发表在 rolia.net 枫下论坛How Donald Trump Has Remade the Rules for Business
As president, he vowed to lift regulation. Here’s a sampling of what he has done

Jan. 17, 2018 7:00 a.m. ET

The Trump administration in its first year has pushed for deregulation across industries. The effort has included high-profile actions, such as reversing Obama-era rules on internet traffic and power-plant emissions. But there have been hundreds of narrower steps as well, and in some cases the Republican Congress has reversed the previous administration’s actions. The deregulatory moves are in various states of completion—some are done, some are proposed, and some proposals are still in the works. Here is a sampling of the major changes.

TECHNOLOGY / TELECOMMUNICATIONS
Net Neutrality: The Federal Communications Commission rolled back Obama-era rules requiring internet-service providers to treat all traffic on their networks equally.

Status: The FCC voted Dec. 14 to finalize the new rule. Court fights are likely.

Impact: Views on how providers will respond are varied. Many believe that in the next year or two they will start experimenting with bundled internet packages that deliver some content faster than others.

Privacy: Congress repealed an Obama-era FCC rule that would have required internet providers to get users’ permission to use their data for some commercial purposes.

Status: Congress voted in March to roll back the rule.

Impact: Because the Obama rule would have made it harder for internet providers to get into the online advertising business, the rollback means consumers could see more ads from their providers.

Media Ownership: The FCC voted to reverse or revise several rules that restricted ownership of local media outlets, particularly TV stations.

Status: Latest FCC action was in November.

Impact: Opens the door to more consolidation in television markets.

TV Audience Cap: The FCC agreed to consider raising or eliminating the national audience cap for TV station groups, currently set at 39%.

Status: Pending—could be decided in 2018.

Impact: Greater consolidation likely in television, resulting in more supergroups of stations.

ENERGY
Clean Power Plan: The Environmental Protection Agencywithdrew an Obama-era rule requiring reduced carbon emissions from coal-burning power plants, and plans to replace it with a less-stringent one.

Status: Obama rule being withdrawn. EPA has started working on a new rule.

Impact: A replacement rule is likely to give more power to states and limit federal oversight to pollution controls at individual plants.

Methane Emissions: The Interior Department attempted to delay indefinitely a rule that set stricter standards on oil and gas wells’ emissions of methane gas, a contributor to climate change. After a California court ruled against the effort, the department issued a rule delaying certain requirements, such as those for the way gas is captured and measured.

Status: In process—the Interior Department has delayed compliance for some requirements while it works on a new rule.

Impact: In light of the uncertainty, oil-and-gas companies are working on their own to contain more methane released by natural-gas production.

Offshore Drilling Well Control: The Bureau of Safety and Environmental Enforcement is expected to relax safety rules adopted after the 2010 Deepwater Horizon accident, including striking a provision requiring that third-party inspectors of critical equipment be certified by the agency.

Status: Expected—proposal is under review by the White House.

Impact: Relaxing or eliminating some requirements puts more responsibility for safety in the hands of private industry.

Hydraulic Fracturing on Federal Lands: The Interior Department withdrew a 2015 rule that required disclosure of chemicals and other details of fracking operations on federal lands.

Status: Completed on Dec. 29.

Impact: Fracking on federal lands will still be subject to oversight by states, with rules that may vary from state to state.

ENVIRONMENT
Waters of the U.S.: President Donald Trump asked the EPA and the Army Corps of Engineers in February to propose a rule to replace one issued under the Obama administration to clarify which waterways are protected by the Clean Water Act. The Obama-era rule classified tributaries as protected. The rule was challenged in court and Mr. Trump said the new rule should apply to “navigable waters” as outlined in a 2006 Supreme Court opinion by Justice Antonin Scalia.

Status: In process—a new rule is expected.

Impact: A narrower rule would make it easier for property developers and manufacturers to build and operate in areas that include these tributaries. It could also make it more difficult to monitor and regulate pollutants that enter the water system through these smaller waterways.

Endangered Species: The Fish and Wildlife Service withdrew more than 20 designations of critical habitat for endangered and threatened wildlife and plants, including one that would prevent drilling in key habitat of a Western bird called the greater sage grouse. In the case of the sage grouse, a new voluntary standard has been proposed.

Status: Completed.

Impact: Opens up areas to development that would have either been off-limits or required accommodation for the endangered species.

CHEMICALS
Toxic Substances Control: The EPA narrowed the scope of risk evaluations for a legislatively mandated overhaul of how potentially dangerous chemicals are regulated.

Status: Completed. The EPA has started process of evaluations using the narrower interpretation.

Impact: Some older uses of chemicals won’t be evaluated for potential health and environmental issues.

Pesticide Ban: The EPA in April overturned a proposed ban on the use of the insecticide chlorpyrifos—which has been shown to cause brain damage in children—on food crops.

Status: Done

Impact: Manufacturers will save the cost of removing the chemical from their products. Health groups are concerned about the effects on children.

LABOR
Wage Reporting: The Office of Management and Budget suspended a rule from the Equal Employment Opportunity Commission that would have required wage reporting broken down by ethnicity and gender, saying it was too costly to companies.

Status: Done—suspended indefinitely in August.

Impact: Companies are saved the additional paperwork and cost. The government doesn’t produce data that could allow for deeper study into wage differences between men and women and different racial groups.

Overtime Pay: The Labor Department has begun the process of rewriting overtime regulations. The salary level under which most workers are automatically eligible for overtime pay, $23,600 a year, hasn’t been changed since 2004. The Obama administration had sought to increase the level to $47,476 a year, but a federal court in Texas halted the revised rule from going into effect in late 2016. Labor Secretary Alexander Acosta indicated he supports a smaller increase than his predecessor backed.

Status: In process

Impact: During the prior administration, the Labor Department estimated that 4.2 million more workers would be eligible for overtime pay under the higher threshold.

Tips: The Labor Department is working to undo an Obama-era rule that prohibited employers from requiring restaurant servers and other workers who receive tips to share that money with nontipped colleagues.

Status: Expected—proposed rule issued.

Impact: Will allow restaurants and other companies with tipped workers to spread out gratuities between tipped and nontipped staff, such as cooks, potentially allowing firms to offer lower base pay to more workers.

Joint Employers: The National Labor Relations Board overturned an Obama-era ruling and narrowed the definition of when a worker could be considered jointly employed by two firms.

Status: Done.

Impact: The narrower definition makes it harder for contractors or workers at franchises to organize into unions and bargain with larger corporations because they are viewed as employees only of smaller firms.

EDUCATION
Transgender Bathrooms: The education secretary withdrew guidance from the Obama administration that had said schools should allow transgender students to use bathrooms corresponding with their gender identity.

Status: Done—rescinded on Feb. 22.

Impact: Schools can require students to use the bathroom that corresponds with their gender at birth.

Campus Sexual-Assault Complaints: The education secretary withdrew guidance from the Obama administration that had lowered the minimal standard for proof of sexual assault needed to discipline students.

Status: Done—rescinded, with interim replacement guidelines announced Sept 22. New, more permanent rules, are expected in March.

Impact: Schools can now use a standard of “clear and convincing” evidence of assault, a higher bar than the “preponderance” of evidence required by the Obama administration.

School Accountability: Congress rescinded a rule that required public schools to establish accountability systems to judge school quality and student success.

Status: Done—rescinded March 27.

Impact: Gives states more latitude on how to determine the success of schools and students.

Student-Loan Protections: The Education Department withdrew a rule that aimed to forgive student debt for borrowers who alleged they were defrauded by schools, particularly for-profit colleges. A draft proposal released by the Education Department for public discussion would make it tougher for borrowers to qualify for debt forgiveness and would take into account borrowers’ after-school earnings to determine damages.

Status: In process—the Education Department is negotiating with stakeholders—including schools and student advocates—on a new rule.

Impact: Could limit the number of students who can claim loan forgiveness because of fraud.

Trade School Accountability: The Education Department withdrew rules, known as “gainful employment,” designed to punish colleges that teach trade programs if a large share of their alumni end up with high student-debt burdens relative to their earnings.

Status: In process—the government this spring plans to hold talks with schools, student groups and others on drafting a new rule.

Impact: Delays potential sanctions for trade schools affected.

BANKING / FINANCE
Leveraged Loans: Banking supervisors are reconsidering guidelines that were the basis for a crackdown on so-called leveraged loans to heavily indebted companies.

Status: Expected—no draft of proposed changes has been published yet.

Impact: Gives more leeway for banks to finance private-equity buyouts and other big-ticket deals.

Volcker Rule: Wall Street regulators are drafting changes to the rule that restricts banks from speculative trading unless it is done on their customers’ behalf.

Status: Expected—no draft of proposed changes has been published yet.

Impact: Cuts millions of dollars in regulatory costs for Wall Street banks and allows them to engage in a broader range of trades and investments.

Arbitration Rule: Congress reversed a rule completed by the Consumer Financial Protection Bureau under Obama-era leadership that would have made it easier for consumers to bring class-action lawsuits against banks by restricting requirements that customers use arbitration to resolve disputes.

Status: Completed—President Trump in November signed into law the resolution scrapping the rule.

Impact: Banks can more easily include arbitration requirements in their contracts for consumer-financial products and services.

Brokers’ Conflicts of Interest: The Securities and Exchange Commission is expected to propose new conflict-of-interest restrictions on stockbrokers advising individual investors, a step toward creating consistent federal standards for all brokerage accounts. The Labor Department, meanwhile, is reconsidering Obama-era rules that applied to retirement accounts.

Status: In process—SEC proposal expected by the second quarter. Labor’s rules have been partially delayed into 2019.

Impact: Uncertain. It depends on whether the SEC requires brokers to simply disclose certain conflicts or opts for Labor’s stricter approach, which makes it harder for brokers to sell products that earn them higher commissions.

Community Reinvestment Act: Banking supervisors and the Treasury Department are planning to revise decades-old rules that mandate bank lending to poor borrowers.

Status: Expected—no draft of proposed changes has been published yet.

Impact: Could transform how banks make billions of dollars in loans, investments and donations to poorer customers.

AGRICULTURE
Farmer Fair Practice Rule: President Trump froze the implementation of a rule when he took office that said contract poultry and livestock farmers would be able to sue dealers without having to prove that a practice harmed the entire industry; they would just have to show harm to their specific business. The Agriculture Department withdrew the rule in October.

Status: Done

Impact: Maintains the older system in which it is difficult for contract livestock farmers to sue the dealers who buy their animals.

Organic Livestock and Poultry Practices: The Agriculture Department is reconsidering a rule that would have required livestock and poultry labeled as organic to abide by stricter animal-welfare practices.

Status: In process—proposed rule has been delayed while being re-evaluated.

Impact: Keeps a looser standard for livestock and poultry to be classified as organic.

School Lunches: The Agriculture Department in May relaxed Obama-era restrictions on school lunches that banned chocolate milk unless it was nonfat and required whole grains and lower salt levels.

Status: Done—an interim rule with more flexible standards is currently in place.

Impact: School districts have more discretion in deciding the makeup of school lunches.

AIRLINES
Baggage Fees: The Transportation Department has withdrawn a proposed Obama rule that would have required airlines to disclose baggage fees to consumers along with fare and schedule information.

Status: Done—withdrawn Dec 7.

Impact: Consumers may discover that there are baggage fees they were unaware of.

AUTOMOTIVE
Fuel Economy: The Trump administration in March initiated a new review of Obama-era fuel-economy standards, opening the door to a potential rollback of stringent emissions rules because of low consumer demand for smaller cars and electric vehicles.

Status: Under review—decision on rules expected in the first half of 2018.

Impact: Auto makers wouldn’t have to invest as heavily in fuel-efficient technologies, such as electric vehicles.

WORKPLACE SAFETY
Exposure to Beryllium: The Labor Department froze an Obama-era rule that would have tightened standards for workplace exposure to beryllium, a lightweight metal used in manufacturing that is dangerous both if inhaled via dust or fumes, or if it comes in contact with the skin. The department has proposed a replacement that excludes construction and shipyard sectors.

Status: In process—new rule proposed June 27.

Impact: Saves on compliance costs for shipyard and construction companies that use coal slag, which contains trace amounts of beryllium.

HEALTH CARE
Association Health Plans: The Trump administration plans to loosen restrictions on health-insurance policies crafted by associations.

Status: In process—proposed rule released Jan. 4.

Impact: Small businesses and self-employed people could form associations and buy health-insurance plans that don’t comply with all Affordable Care Act benefit requirements.

Short-Term Insurance: President Trump signed an executive order calling for the relaxation of restrictions on short-term insurance plans, which can be cheaper but also less comprehensive. The Obama administration limited those policies to less than three months, with no ability to renew after that time, because of concerns they were siphoning off healthier consumers from the ACA marketplaces.

Status: Expected—proposed rule not yet released.

Impact: Could open the way for consumers to buy these plans for longer periods.

State Funding for Abortion Providers: Congress repealed a rule that prevented states from blocking funding for family-planning clinics that provide abortions.

Status: Done—rescinded April 13.

Impact: Gives states more discretion on funding, and adds to disparity among states on abortion access and regulations.

HOUSING
Housing Diversity: The Department of Housing and Urban Development pushed back the deadline for local governments to submit plans to combat housing segregation. HUD Secretary Ben Carson has said he wants to reinterpret the rule.

Status: In process—requirements suspended until 2020.

Impact: May save cities costs associated with complying with the rule. May mean fewer affordable housing units or rezoning that would have been used to meet the rule.

Floodplain Housing Rules: President Trump withdrew an Obama-era rule that would have required infrastructure projects in floodplains to include extra protection against flooding.

Status: Done—Mr. Trump withdrew the rule in August.

Impact: Builders won’t face permitting delays that had been expected with the Obama rule. Long term, any flooding in areas where these projects go up may cause more damage.更多精彩文章及讨论,请光临枫下论坛 rolia.net
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