Agency Rulemaking Highlights

Strengthening Mercury Standards for Power Plants

The Environmental Protection Agency (EPA) is proposing to strengthen and update the Mercury and Air Toxics Standards (MATS) for coal- and oil-fired Electric Utility Steam Generating Units (EGUs). The proposed amendments are the result of EPA’s review of the May 22, 2020 residual risk and technology review of MATS. A public hearing is planned to be held during the comment period. Comments due 60 days following publication in the Federal Register.

Commercial Spyware and National Security Risks

President Biden signed Executive Order 14093 directing the U.S. government to not make operational use of commercial spyware that poses significant counterintelligence or security risks to the U.S. government or significant risks of improper use by a foreign government or foreign person. The order also encourages the development and implementation of responsible norms regarding the use of commercial spyware that are consistent with respect for the rule of law, human rights, and democratic norms and values.

Cybersecurity Risk Management Rule for Securities Participants

The Securities and Exchange Commission (SEC) is proposing to require securities market participants to address cybersecurity risks through policies and procedures and immediate notification and reporting to the SEC of the occurrence of a significant cybersecurity incident. The proposal would also require public disclosures to improve transparency with respect to cybersecurity risks and significant cybersecurity incidents. Comments due June 5.

Reinstatement of HUD's Discriminatory Effects Standard

The Department of Housing and Urban Development (HUD) issued a final rule reinstating its 2013 rule which formalized a burden-shifting test for determining whether a given practice has an unjustified discriminatory effect prohibited by the Fair Housing Act. In 2020, HUD published a rule that would have altered the standards set forth in the 2013 rule. However, a preliminary injunction prevented the 2020 rule from going into effect. This final rule reinstates and maintains the 2013 rule and rescinds the 2020 rule. Effective May 1.

Medicare FY 2024 Hospice Wage Index and Payment Rate Update

The Centers for Medicare & Medicaid Services (CMS) proposes to update the hospice wage index, payment rates, and aggregate cap amount for fiscal year (FY) 2024. The proposal aims to equip patients and caregivers with information to inform hospice selection, and solicits comments on ways to examine health equity under the hospice benefit. Additionally, the rule proposes to require hospice certifying physicians to be Medicare-enrolled or to have validly opted-out. Comments due May 30.

Copayment Exemption for Indian Veterans

The Department of Veterans Affairs (VA)  amended its medical regulations to implement a statute exempting Indian and urban Indian veterans from copayment requirements for the receipt of hospital care or medical services. The final rule also exempts such veterans from copayments for all urgent care visits. Effective April 4.

Extending Home Confinement After COVID Public Health Emergency

The Department of Justice (DOJ) issued a final rule affirming the authority of the Bureau of Prisons to lengthen the maximum amount of time for which a prisoner may be placed in home confinement after the expiration of the COVID-19 Public Health Emergency on May 11. Effective May 4.

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Jennifer Rubin: Feel Free to Spill the Beans, Ex-Employees. Your Former Boss Can’t Stop You.

Paul H. Kupiec: Thanks to Regulators, SVB Will Be the Most Costly Bank Failure in History

Peter J. Wallison: The US Needs a New Bank Supervisory System

Bloomberg Editorial Board: How Financial Regulators Should Respond to the Latest Banking Crisis

Michael Lyon: Bonuses to Executives at Failed Banks Must Be Clawed Back

Daniel Burge: Guaranteeing Bank Deposits is Risky — But it Beats the Alternative

Thomas Lenard: The FCC Has Too Much Power—and We All Pay

Robert Popovian & William Smith: A Federal Drug Discount Program for the Wealthy

Kirsten Axelsen & Michael W. Hodin: Medicine Price Setting Might Appeal to Voters But Will Cost Patients

Larry Allen: It’s Time to Shut Down the Technology Transformation Service

Ezra Klein: The Problem With Everything-Bagel Liberalism

Ruth Marcus: This Federal Judge May Be Hazardous to Your Health

Clyde Wayne Crews Jr.: Regulatory Reform’s Role In Addressing the Debt Limit

Noah Feldman: Regulating AI Might Require a New Federal Agency

Randolph May: The Affordable Connectivity Program: Extend It, But Mend It

Governance & Politics

• Lobbyists Begin Chipping Away at Biden’s $80 Billion IRS Overhaul, New York Times
• Biden’s Nominee for Labor Secretary on Shaky Ground in Senate, The Hill
• Heartland Lawmakers Push Bans on Chinese Purchases of American Farms, Washington Post
• Federal Asylum Officers Blast New Biden Rule as Contrary to Legal, Moral Obligations, Government Executive
• FBI Whistleblower Protections May Finally Catch Up With Obama-era Policy Changes, Government Executive
• OPM Expands Guidance for Gender Identity Inclusion in the Federal Workplace, Federal News Network
• Utah Passes Laws Limiting Minors from Social Media Use, StateScoop

Financial Markets & Housing

• White House Calls for Tougher Midsize Bank Rules, Wall Street Journal
• Biden Asks Banking Regulators to Toughen Some Rules After Recent Bank Failures, NPR
• How a Trump-Era Rollback Mattered for Silicon Valley Bank’s Demise, New York Times
• Regulators Missed Silicon Valley Bank’s Problems for Months. Here’s Why, Washington Post
• New White House Bank Regulation Plan Impacts Short List of Banks, Reuters
• Who’s to Blame for America’s Latest Banking Crisis?, Bloomberg
• What Do Banks Do When No One is Watching? It's Up to Bank Examiners to Find Out, NPR

Energy & Environment

• Senate Votes to Overturn Biden Clean-Water Rule, Wall Street Journal
• EPA Clamps Down on Mercury from Coal Power Plants, Washington Post
• California to Require Half of All Heavy Trucks Sold by 2035 to Be Electric, New York Times
• The EPA Approves California's Plan to Phase Out Diesel Trucks, Associated Press
• Lithium Battery Fires Spark Regulation Push, Axios
• With Changing Rules, Some Electric Vehicles Will Stop Qualifying for a Tax Credit, NPR
• Companies Can Vie to Mine the Deep Sea Starting in July, Bloomberg
• US Power Plant Firm Goes Bankrupt After Winter Storm Penalties, Bloomberg
• Challenge to Biden ESG Investing Rule Will Stay in Texas Court, Reuters

Health & Safety

• Medicaid Eligibility Changes Set to Hit Hospitals, Insurers, States, Wall Street Journal
• Medicare Moderates Cut for Health Insurers in Final Rate, Bloomberg
• What the End of the COVID-19 National Emergency Means, The Hill
• Idaho Bill Would Ban ‘Abortion Trafficking’ if Passed, The Hill
• Judge Strikes Down Free HIV Drugs, Other Preventive Services Under ACA, Axios
• FTC Orders Gene-Sequencing Company Illumina to Divest Acquisition, New York Times
• Following Concerns, Watchdog Advises DOJ on Ending Private Detention Contracts, Government Executive

Business & Technology

• Dimon: Bank Rules Should Change After Silicon Valley Bank, Washington Post
• ChatGPT Banned in Italy Over Data-Privacy Concerns, Wall Street Journal
• Tech Leaders Urge a Pause in the 'Out-of-Control' Artificial Intelligence Race, NPR

Transportation & Infrastructure

• ‘Hurry Up and Get It Done’: Norfolk Southern Set Railcar Safety Checks at One Minute, Wall Street Journal
• DOJ Sues Norfolk Southern Over Toxic Train Derailment in Ohio, Washington Post
• Should US Airlines Pay Passengers for Delays Like the EU?, Associated Press