Regulation Digest, Feb 10

The Dept. of Homeland Security re-opened the comment period on a notice of proposed rulemaking "concerning collection of facial images and other biometrics from aliens entering and departing the US." Comments now due March 12.

*See also: Related public interest comment by Mark Febrizio & Daniel Pérez

H-1B Visa Requirements

The Dept. of Homeland Security delayed the effective date of a final rule that prioritizes H-1B visa registrants by occupational classifications due to logistical concerns. The rule will now be effective December 31, and comments can be submitted until March 10.

Independent Contractor Status

The Wage & Hour Division proposed a delay of the effective date for a final rule until May 7 that modified definitions of independent contractors following President Biden's "Regulatory Freeze Pending Review" memo. The current effective date is March 8, and comments can be submitted until February 24.

Tip Regulations

The Wage & Hour Division also proposed a delay of the effective date for a final rule until April 30 regarding the pay of employees who receive tips. The current effective date is March 1, and comments can be submitted until February 17.

Presidential Action

Scientific Integrity

President Biden issued a memorandum that requires the Director of the Office of Science and Technology Policy to ensure scientific integrity in policy development, create a corresponding task force, and assign a senior official to be a "Chief Science Officer" at federal agencies.

The Opinion Section

Brian Barnett & Jeremy Weleff: Biden Fumbles Early on Opioid Addiction

Andrew von Eschenbach: Two Lessons Can Help Meet Biden's Public Health Pledges

Erin Hawley: The Biden Administration’s New Regulation Superweapon

Rashida Richardson & Albert Fox Cahn: States are Failing on Big Tech, Privacy: Biden Must Take the Lead

Shoshana Weissmann & Canyon Brimhall: What Section 230 Really Does and Why it’s Vital for Your Free Speech Online

Roslyn Layton: The Most Important Lesson for Buttigieg & the Biden Administration on Transportation

Oliver Dunford: FDA's Distillery Fiasco Illustrates Why Arbitrary Regulation is a Problem

Christopher Russo: Let the People Trade by Making Financial Markets Freer and Fairer

Gerard Scimeca: Biden Shouldn't Regulate Independent Contractors Out of Work

Lindsay Killen: Biden Antitrust Agenda Ignores States' Complicity on Health Care Monopolies

Matt Casale: Ending Fossil Fuel Subsidies: A Climate Solution to Get Behind

Victor Pickard: The Fairness Doctrine Won’t Solve Our Problems — but it Can Foster Needed Debate

Steve Blank: The FAA and SpaceX

Charity Weeden & Greg Autry: In Defense of Regulation

John Gardella: PFAS Regulation: Business Should Plan Now for Financial Impacts

In the News

Congress & Regulatory Reform

Robinhood CEO, regulators to testify at House hearing on GameStop frenzy, The Hill
Senate advances nomination of Biden EPA pick Regan, The Hill
With the Stroke of a Pen, Biden Begins Undoing Trump's Deregulation Policies, Public Integrity

Financial Markets & Housing

Should 401(k) Withdrawals Be Easier?, Wall Street Journal
Wall Street’s Most Reviled Investors Worry About Their Fate, New York Times
GameStop Frenzy Is Tough Call for Regulators Focused on Transparency, Wall Street Journal
SEC Expands Enforcement Staff’s Power to Start New Investigations, Wall Street Journal
Fight Over a Bank Regulator Is About Obama’s Legacy, Wall Street Journal

Energy & Environment

Court pauses litigation on Trump-California vehicle emissions fight, The Hill
Tracking Biden’s environmental actions, Washington Post
White House to Steer Environmental Policy With Senior Leaders, Bloomberg
Biden seeks delays on Arctic drilling challenges, The Hill
EPA yanks 'compromised' PFAS assessment, E&E News
Migratory bird protection fight takes off, again, Greenwire

Health & Safety

Undoing Trump’s Anti-Immigrant Policies Will Mean Looking at the Fine Print, New York Times
FDA Limits Use of Convalescent Plasma as Covid-19 Treatment, Wall Street Journal
Toxic Heavy Metals Found in Some Baby Food, Congressional Report Says, Wall Street Journal

Business

DHS Delays Rule That Would Have Effectively Eliminated H-1B Visa Lottery, Wall Street Journal
Robinhood’s Reckoning: Facing Life After GameStop, Wall Street Journal
Chinese regulators reprimand Tesla over growing complaints about its cars., New York Times

Technology

U.S. Drops Challenge to California’s Net-Neutrality Law, Wall Street Journal
New state privacy initiatives turn up heat on Congress, The Hill
Big Data Is Booming in the U.S., but Other Countries Are Making the Rules, Wall Street Journal

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