Agency Rulemaking Highlights

Notable Actions

Initial Recommendations on Broadening OIRA Engagement

The Office of Information and Regulatory Affairs (OIRA) released a summary of learnings and potential recommendations from its November 2022 listening session on broadening public engagement in the federal regulatory process. OIRA invites feedback as it considers the recommendations, which aim to make regulatory material more accessible and to reduce barriers to public participation—particularly among small businesses, and underserved communities. An additional virtual listening session will be held March 7. Comments due March 10 at 5PM ET.

Reducing Sugar and Sodium in School Meals

The U.S. Department of Agriculture (USDA) seeks comments on a proposed rule introducing standards to lower the sugar and sodium content of school meals, aiming to address the prevalence of chronic health conditions. USDA plans to issue a final rule for implementation by the 2024-25 academic year. Comments due April 10.

Supporting Access to Leave for Federal Employees

President Biden signed a memorandum for the heads of executive departments and agencies supporting increased access to family and medical leave for federal employees. The order directs agency heads to consider providing unpaid leave under expanded circumstances, including during an employee’s first year of service while paid leave may not have been accrued.

Rescinding Moral Exception to Contraception Under ACA

The Internal Revenue Service (IRS), Department of Health and Human Services (HHS) and Department of Labor (DOL) issued a notice of proposed rulemaking to rescind the exceptions for entities and individuals with religious or moral objections to covering contraceptive services. Eliminating the exception would require group or individual health insurance plans to cover certain contraceptive services without cost sharing. The proposal provides for individuals to receive contraceptive services at no cost through other providers without involvement of an objecting entity. Comments due April 3.

Defining Activities for Underserved Populations

The Department of Education (ED) is proposing to define underserved populations as “Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color.” Further, the proposal seeks to establish a priority to make awards to minority entities and Indian tribes to conduct research and training for underserved populations. Comments due March 10.

Prohibiting SEC Employee Ownership of Regulated Assets

The Securities and Exchange Commission (SEC) issued a proposed rule to amend the standards of ethical conduct for SEC members and employees to prohibit employee ownership of sector funds that have a stated policy of concentrating their investments in entities directly regulated by the SEC. The proposal seeks to avoid conflicts of interest or appearance concerns. Comments due March 31.

Energy Conservation Standards for External Power Supplies

The Department of Energy (DOE) is proposing to update energy conservation standards for commercial and industrial external power supplies. DOE will hold a virtual public discussion on the proposal March 1. Comments due April 3.

CBP’s Electronic Validation of Travel Documents

Customs and Border Protection (CBP) is proposing to update its requirements for commercial air carriers which permit the pre-screening of passengers entering the United States for security purposes. The amended rule would allow CBP to determine whether each passenger is traveling with valid, authentic travel documents prior to the passenger boarding the aircraft. Comments due April 3.