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Regulation Digest

April 19, 2023

Vol. 12, No. 16

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Could AI Be Used to Sway Federal Rule-making?, Marketplace interview with Mark Febrizio

American Action Forum

- Podcast: Biden’s Regulatory Rule Reforms, Douglas Holtz-Eakin

- Really Modern Regulation Review, Douglas Holtz-Eakin

- Reviewing the Biden Administration’s Latest Update to Regulatory Review, Dan Goldbeck


- Ten Takeaways from Stanford University’s Report on the State of AI, John P. Bailey

American Prospect

- Big Tech Lobbyists Explain How They Took Over Washington, David Dayen 

Bipartisan Policy Center

- Framework for Securing American Critical Mineral Supply Chains, Danny Broberg et al.

Brookings Institution

- Podcast: How is Congress handling the TikTok conundrum?, Cameron F. Kerry & Adrianna Pita

- Workforce Ecosystems and AI, David Kiron et al. 

Cato Institute

- What is a Fee to the CFPB? And Should Prices Change?, Nicholas Anthony


- AI is Having a Moment, Policymakers Should Act, Alondra Nelson


- Revamping Cost-Benefit Analysis, Daniel Farber


- EPA’s De-Facto EV Mandate, Marlo Lewis Jr. 

- Supreme Court Ruling Ensures People Can Challenge Agency Authority, Devin Watkins & John Berlau

- Biden Administration Seeks to Severely Limit the Types of Cars Americans Can Buy, Ben Lieberman et al.

Federalist Society

- FTC’s Indefensible Position on Collective Bargaining, Alexander MacDonald

- Event: 11th Annual Executive Branch Review Conference, 4/25


- School Meal Programs: USDA Could Enhance Implementation of the Buy American Provision


- What Business Needs to Know About the New US Cybersecurity Strategy, Sarah Kreps & Amelia C. Arsenault

Heritage Foundation 

- EPA’s Latest Act of Soft Despotism Against the American People, Travis Fisher

- EV Quotas Would Take Away Americans’ Freedom of Choice, Diana Furchtgott-Roth


- It’s Critical to Prioritize Commercial and Market Readiness for H2Hubs, Robin Gaster

Manhattan Institute

- The Regulatory Labyrinth, Judge Glock

- Thumbing Their Noses, Corbin K. Barthold

Mercatus Center

- Regulatory System Design: Some Solutions to the Delegation Problem, Jerry Ellig et al. 

- Portable and Flexible Benefits: A Way Forward for Independent Workers, Liya Palagashvili

Public Citizen

- Event: Hit Pause on AI, 4/27


- It Took 15 Years for the Feds to Approve a 700-Mile Electric Line, Eric Boehm

- Hasty Plan To Regulate AI Is a Really Bad Idea, Ronald Bailey

R Street

- On EPA’s Clean Cars Proposal, Philip Rossetti

Resources for the Future

- Video: Modernizing Regulatory Review: Exploring OMB’s Updated Benefit-Cost Guidance, Sally Katzen & Richard Revesz

- Transportation Taxes and Energy Transitions, Joshua Linn et al. 


- Event: Benefit-Cost Analysis for Beginners, 4/28


- Pay Incentives, Working Time, and Safety: Evidence from US Intrastate Trucking Companies, Shengyang Ju & Michael H. Belzer

- Reforming SPAC Regulation, Andrew F. Tuch

- Risk, Discretion, and Bank Supervision, Peter Conti-Brown & Sean Vanatta

- Aggravating Inequalities: State Regulation of Abortion and Contraception, Allison Whelan

The Regulatory Review

- The Growth in Business Support for Regulation, J.S. Nelson

- FDA’s Role in Access to Reproductive Health CareLaura Dolbow

- Bettering Behavioral Health, Alexandra Walsh et al.

- Swimming Upstream Amid Climate Change, Omar Khodor

Washington Legal Fdn.

- SCOTUS Holds that District Courts May Hear Challenges to Agencies’ Structures


- A Single Judge Shouldn’t Have This Kind of National Power, Nicholas Bagley

- Politicizing Deference to the FDA, Anne Zimmerman

- Paradigms, Politics, and Policy Statements at the CFPB, Luke Herrine

Agency Rulemaking Highlights

COVID-Related Actions

COVID and Expiring Enforcement Discretions

HHS issued a notification that enforcement discretions of certain violations of the HIPAA privacy rule will expire with the COVID-19 public health emergency on May 11. HHS is also affording health care providers a 90-calendar day transition period to come into compliance with the HIPAA rules with respect to their provision of telehealth, which ends August 9. 

Notable Actions

Addressing PFAS in the Environment

The Environmental Protection Agency (EPA) is seeking public input and data to assist in the potential development of future regulations pertaining to per- and polyfluoroalkyl substances (PFAS or “forever chemicals”) under the law known as the “Superfund” act. EPA is considering future hazardous substance designations for a number of PFAS. Comments due June 12.

New Clean Vehicle Credit

The Internal Revenue Service (IRS) is proposing regulations regarding the federal income tax credit under the Inflation Reduction Act of 2022 for the purchase of qualifying new clean vehicles. The proposed rule would require a certain percentage of critical minerals and battery components to be made in America for a vehicle to qualify for the full tax credit. Comments due June 16.

Ethylene Oxide Emissions Standards for Sterilization Facilities

EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the commercial sterilization facilities source category. Following a risk and technology review, EPA aims to specifically address ethylene oxide (EtO) emissions from point source and room air emissions from all commercial sterilization facilities. Comments due June 12.

Sex-Related Eligibility Criteria for Male and Female Athletic Teams

The Department of Education (ED) issued a notice of proposed rulemaking to amend its Title IX regulations setting out a standard for recipients of federal education funding that governs the use of sex-related criteria to deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity. The proposal would clarify that such criteria must be consistent with Title IX’s nondiscrimination mandate. Comments due May 15.

HIPAA and Supporting Reproductive Health Care Privacy

The Department of Health and Human Services (HHS) issued a notice of proposed rulemaking seeking comment on its proposal to modify the privacy rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The proposal would modify existing standards permitting uses and disclosures of protected health information (PHI) by prohibiting disclosures of PHI for criminal, civil, or administrative investigations or proceedings against individuals or businesses for reproductive health care that is lawfully provided. Comments due June 16.

Health Data & Tech Certification Program Updates

HHS is proposing a rule to implement a provision of the Electronic Health Record (EHR) Reporting Program provision of the 21st Century Cures Act by establishing new certification requirements for health IT developers. The proposal aims to enhance information sharing, interoperability, and transparency and supports the access, exchange, and use of electronic health information. Comments due June 20.

Notice of Regulatory Review

The Federal Housing Finance Agency is issuing a notice of a regulatory review to be conducted in accordance with the process set forth in its Regulatory Review Plan published in February 2012, and is requesting comments on how its regulations may be made more effective and less burdensome. Comments due June 13.

The Opinion Section

Susan E. Dudley: Regulatory Review Revisited

WSJ Editorial Board: The Wrong Track to Rail Safety

Ezra Klein: The Surprising Thing AI Engineers Will Tell You if You Let Them

Fareed Zakaria: TikTok is Dangerously Addictive. We Should Regulate it Now.

Nicole Stelle Garnett & Meredith Holland Kessler: Biden Boils the Religious-Liberty Frog

WSJ Editorial Board: Gas Stoves Triumph Over Berkeley

Robert D. Atkinson: America Needs to Sort Out its Industrial Policy Confusion

Clyde Wayne Crews & Ryan Young: Biden’s Executive Order Makes Regulators Even Less Accountable

Penar Wilbi: State-Based Climate Litigation Jeopardizes Energy Security Policy

Lawrence Wintermeyer: Regulators Under Pressure From Banking To Crypto – Who is Leading the Strategic Digital Innovation Agenda for Financial Services?

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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