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Regulation Digest

March 1, 2023

Vol. 12, No. 9

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Broadening Public Engagement in the Federal Regulatory Process, Steven Balla & Sarah Hay

- Effects of COVID-19 Regulatory Changes on Methadone Treatment, Bridget Dooling (with Krawczyk, et al.)

- Podcast: Transparency and Responsiveness in Hong Kong Consultative Policymaking, Steven Balla et al.


- Event: Register for SBCA’s 2023 Annual Conference, 3/9-3/14 

- Jerry Ellig Award for Best Student Paper at the SBCA Annual Meeting


- Regulating Machine Learning, Cary Coglianese

- How to Improve Regulation of Crypto Today and Make the Industry Pay For It, Timothy G. Massad & Howell E. Jackson

- Regulatory Costs and Market Power, Shikhar Singla

The Regulatory Review

- FDA Advances Program for Real-World Evidence, Blair Bean Robertson

- Is Your Phone a Medical Device?, Nabil Shaikh

- Video: Agile Regulation: Governance in a Changing World


- Allison Whelan on Executive Capture of Agency Decisionmaking, Daniel Deacon


- Event: ChatGPT: Risks and Opportunity for Public Comments in Rulemaking (w/ RSC’s Bridget C.E. Dooling), 3/3

American Action Forum

- Google and Digital Advertising, Joshua Levine

- Another Modest Yet Cross-Cutting Week, Dan Goldbeck

- CRA Tracker, Dan Bosch & Dan Goldbeck

- The Environmental Justice Puzzle, Douglas Holtz-Eakin


- Protecting the Public from Algorithmic Discrimination, Matt Weidinger 


- Request for Comment: Identifying and Reducing Burdens in Administrative Processes, due by 4/17

American Prospect

- Congressional Crypto Defenders Accidentally Sparked an SEC Crackdown, David Dayen

Bipartisan Policy Center

- Event: The Future of Crypto and Blockchain Policy, 3/15

Brookings Institution

- Early Thoughts on Regulating Generative AI Like ChatGPT, Alex Engler

Cato Institute

- The Resurrection of Affirmatively Furthering Fair Housing, Vanessa Brown Calder

- Historical Improvement in Rail Safety, David Kemp & Peter Van Doren

- Don’t Push Crypto Offshore, Jack Solowey

- Event: Overdose Prevention Centers: The Next Logical Step in Harm Reduction, 3/10


Event: The Next Wave of Technology Regulation, 3/2

Center for Washington Area Studies

- Event: Can We Collect Property Taxes Without Stealing Home Equity?, 3/8


- This Week In Ridiculous Regulations, Ryan Young

- New Paper Warns Against Turning Back the Clock on Antitrust Merger Guidelines, Jessica Melugin

The Conference Board

- Podcast: Regulation: When Agencies Overstep 

Economic Policy Inst.

- Flexible Work Without Exploitation, Jennifer Sherer & Margaret Poydock

Federalist Society

- Race and Reckoning Come to the Broadband Debate, Lawrence J. Spiwak

Free State Foundation

- Extending FCC Spectrum Auction Authority Is Essential to the 5G Race, Andrew Long

- Event: FSF’s 15th Annual Policy Conference, 3/28

Heritage Foundation

- Biden Proposal Puts Climate Agenda Above America’s Defense, Maiya Clark & Travis Fisher


- VR Is an Increasingly Competitive Market, Juan Londoño

- Europe Goes Protectionist on Global Tech Standards, Nigel Cory

Manhattan Institute

- Loan Forgiveness on the Ropes, Ilya Shapiro

Mercatus Center

- Indoor Vaccine Mandates in US Cities and Outcomes, Vitor Melo et al. 

Progressive Policy Inst.

- Admin Proposes Welcome Reforms to SSI’s In-Kind Support and Maintenance Rule, Nick Buffie


- NTSB Report Highlights Premature Regulatory Push After Derailment, Christian Britschgi

- Need an Adderall Prescription? Good Luck Getting It Over Telehealth, Emma Camp

R Street

- US Mineral Production Unlikely to Satisfy Clean Energy Demands, Philip Rossetti

- Section 230 Changes Could Harm US Cybersecurity, Brandon Pugh

Resources for the Future

- IRA Insights & Housing Markets, Matt Fleck et al.

Editor's Note: ACUS Seeking Comments

The Office of the Chairman of ACUS is requesting public input on how agencies can identify and reduce unnecessary procedural burdens that members of the public face when they engage with administrative programs or participate in administrative processes. Responses to this request may inform an ongoing ACUS project, Identifying and Reducing Burdens in Administrative Processes, which, if warranted, will recommend best practices for agencies to use. Comments must be received no later than 10:00 a.m. (ET) April 17 and may be submitted online, by mail, or by email to [email protected].

Agency Rulemaking Highlights

Cumulative Risks under TSCA

The Environmental Protection Agency (EPA) is proposing a new approach for risk evaluations under the Toxic Substances Control Act (TSCA) section 6 which would consider cumulative risks posed by certain phthalate chemicals. Until now, EPA has approached these risk evaluations by looking at the risk posed by a single chemical substance under the conditions of use. For these chemicals, EPA believes that the best approach to evaluate risk to human health may be to look at the combined risk to health from multiple chemicals with similar effects simultaneously. Comments due within 60 days of publication in the Federal Register.

Counting Days for Medicare Disproportionate Share Hospital Payments

The Centers for Medicare & Medicaid Services (CMS) is proposing to revise its regulations on the counting of days associated with individuals eligible for certain benefits provided by section 1115 demonstrations in the Medicaid fraction of a hospital's disproportionate patient percentage. Comments due May 1.

Online Ordering and Food Delivery for WIC

The U.S. Department of Agriculture (USDA) is proposing to remove barriers to online ordering and internet-based transactions in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). USDA expects this will improve the WIC shopping experience while increasing equity and access to nutritious foods for WIC participants. Comments due May 24.

Adverse Effect Wage Rate Methodology for H-2A Workers

The Department of Labor (DOL) issued a final rule revising the methodology by which it determines the hourly Adverse Effect Wage Rates for non-range occupations performed by temporary foreign workers in H-2A nonimmigrant status. Effective March 30.

Native American Programs

The Administration for Children and Families (ACF) issued a final rule adding to its existing waiver requirements an opportunity for its grant recipients to request a waiver for part or all of their non-federal cost share or match during a budget period due to emergency circumstances. Effective April 28.

Broadening Public Participation in the Regulatory Process

Continuing its efforts to broaden public participation, the Office of Information and Regulatory Affairs (OIRA) will hold a public listening session with Administrator Richard Revesz at 3-4:30 PM EST on Tuesday, March 7. The session will offer an opportunity for members of the public to suggest ways that the federal government can better support engagement in the regulatory process. Register online.

The Opinion Section

Henry Kissinger, Eric Schmidt & Daniel Huttenlocher: ChatGPT Heralds an Intellectual Revolution

Jonathan H. Adler: Can a Federal Court Vacate a Regulation Without First Concluding It Was Unlawful?

George Miller: Can Biden Legally Cancel Student Debt? There’s No Question

WSJ Editorial Board: Biden’s Regulatory Deluge

Kevin Schmidt & Thomas Kimbrell: Covid Exposed the Damage Done by Certificate-of-Need Rules

Greg Licholai: Innovation, Regulations and Safety

Clyde Wayne Crews Jr.: Regulation Without Representation: a Quick Revisit of the “Unconstitutionality Index”

Ryan Craig: Expanded Department Of Education Regulation Is Executive Overreach Part Deux

Ben Baldanza: United Airlines Makes First Move on Family Seating, Ahead of Regulation

Gene Grant II: Crypto Companies Must Stop Poking the Regulators in the Eye With a Stick

Evelyn Tsisin: FDA, Not a Federal Judge, Should Decide on Abortion Drugs

Sarah Green Carmichael: Biden's Chips Act Child Care Plan Is Better Than Nothing

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


[cites GW RegStudies data on executive actions!]

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