Agency Rulemaking Highlights

COVID Related Actions

Mitigating COVID-19 in Head Start Programs

The Department of Health and Human Services (HHS) issued a final rule requiring Head Start programs to have a COVID-19 mitigation policy. The rule removes the requirement for universal masking for all individuals ages 2 and older, but leaves in effect the vaccine requirement for Head Start programs. Effective January 6.

Pandemic Assistance Programs and Agricultural Disaster Assistance Programs

The U.S. Department of Agriculture (USDA) issued a final rule announcing Phase 2 of the Emergency Relief Program (ERP), which provides assistance to producers who suffered crop losses due to natural disasters. The rule also announces the Pandemic Assistance Revenue Program (PARP), a new program that provides support for agricultural producers impacted by the COVID-19 pandemic. Effective January 11.

Other Notable Actions

Strengthening Air Quality Standards

The Environmental Protection Agency (EPA) is proposing to strengthen its national ambient air quality standards (NAAQS) for particulate matter (PM) by lowering the primary annual PM2.5 standard level. The proposal retains the current primary standards for 24-hour PM2.5 and 24-hour PM10. EPA also proposes revisions to the Air Quality Index (AQI) and monitoring requirements for the PM NAAQS. Comments due 60 days after publication in the Federal Register.

Guidance on Emissions and Climate Change

The Council on Environmental Quality (CEQ) issued interim guidance to assist agencies in analyzing greenhouse gas (GHG) and climate change effects of their proposed actions under the National Environmental Policy Act (NEPA), while CEQ seeks public comment on the guidance. Comments due March 10.

Noncompete Clauses

The Federal Trade Commission (FTC) proposed a rule banning employers from using noncompete clauses to block workers from working for a competing employer or starting a competing business within a certain period of time after the worker’s employment ends. Comments due 60 days after publication in the Federal Register.

Improving Income-Driven Repayment

The Department of Education (ED) is proposing to restructure and rename several repayment plans available to student loan borrowers to make it easier for borrowers to repay their loans. The proposed changes would provide borrowers greater access to affordable repayment terms based upon their income, resulting in lower monthly payments and lower amounts repaid over the life of a loan. Comments due February 10.

Safeguarding Rights of Conscience

HHS proposes to rescind certain provisions of its 2019 final rule titled “Protecting Statutory Conscience Rights in Health Care; Delegations of Authority.” The provisions prohibit recipients of federal funds from coercing health care practitioners into participating in actions—namely, abortion or sterilization—that they find religiously or morally objectionable. HHS contends the revisions are necessary because significant questions have been raised as to their legal authorization. Comments due March 6.

Wild and Exotic Animal Handling

USDA is soliciting public comment on a plan to strengthen regulations regarding the handling of wild and exotic animals for exhibition, as well as the training of personnel involved in their handling. The proposal would also establish standards for environmental enrichment for all animals covered under the Animal Welfare Act. Comments due March 10.