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Regulation Digest

March 29, 2023

Vol. 12, No. 13

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies

- Beyond Republicans and the Disapproval of Regulations: A New Empirical Approach to the Congressional Review Act, Steven J. Balla, Bridget C.E. Dooling & Daniel R. Pérez

Urban Institute

- How Many Short-Term Training Programs Would Gain Access to Pell Grants under the New Proposal?, Jason Cohn

- Applying Equity Awareness In Data Privacy Methods, Claire Bowen & Joshua Snoke


- Better Procedures and Regulations are Not an Answer to the Loss of Trust in Government, William Funk

- A Wise and Balanced Case for Shoving the Pendulum Toward Technocracy, Richard Murphy

- Expertise and Polarization, Zachary Price

- Expertise Redux, Michael Herz

American Action Forum

- A Ho-hum Start to Spring, Dan Goldbeck

- The Ins and Outs of IPPS and OPPS, Jackson Hammond

- The Federal Spending Challenge, Douglas Holtz-Eakin


- Here are the Kinds of Jobs Chat AI is Likeliest to Affect, Brent Orrell


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

American Prospect

- Silicon Valley Bank Purchaser Evades Tougher Regulatory Scrutiny, David Dayen 

- The Fed’s Silicon Valley Bank Cover-Up Won’t Work, David Dayen 

Bipartisan Policy Center

- Yes/No: Should Semiconductor Support Be Conditional on Child Care?, Dane Stangler & Linda Smith 

Brookings Institution

- UK’s Landmark Effort to Stop Dirty Money Flowing into its Real Estate Sector May Be Working, Matthew Collin et al. 

- How Generative AI Impacts Democratic Engagement, Sarah Kreps & Douglas Kriner

- How California and other states are tackling AI legislation, Sorelle Friedler et al. 

C. Boyden Gray Center

- Event: 2nd Annual Gray Lecture on the Administrative State, 3/31

Cato Institute

- CFPB Going after Fees Would Restrict Credit Access, Nicholas Anthony

- Organ Transplant Policy Reform, Peter Van Doren

- Podcast: Effects of Deregulation During Jimmy Carter’s Presidency, Paul Matzko


- How Exemptions From Securities Laws Put Investors and the Economy at Risk, Tyler Gellasch et al.


- Are Administrative Law Courts More Trouble Than They’re Worth?, Stone Washington

- Inside the Carbon Cult, Kevin D. Williamson

Data Foundation

- Event: RegTech 2023 Data Summit: Data Modernization under the Financial Data Transparency Act, 4/11 (w/ RSC’s Bridget Dooling)

Economic Policy Inst.

- Employers Regularly Engage in Tactics to Suppress Unions, Christine McNicholas et al. 

Federalist Society

- A Few Questions About Crypto Asset Regulation for SEC Chair Gensler, Patrick Daugherty

- What Happened in the Student Loan Forgiveness Oral Arguments?, Thomas Koenig

Free State Foundation

- Regardless of Its Composition, the FCC Should Avoid the Title II Morass, Andrew Long


- Oversight of Agency Spending: Implementing GAO Recommendations Could Help Address Previously Identified Challenges at Commerce, DOE, and EPA

- Sustainable Aviation Fuel: Agencies Should Track Progress Toward Ambitious Federal Goals

- Food Prices: Information on Trends, Factors, and Federal Roles


- How Government Agencies Can Fix Their Customer-Service Problem, Sydney Heimbrock et al.

Heritage Foundation

- Chaotic Consequences of Redefining Rules, EJ Antoni


- Europe’s Cloud Security Regime Should Focus on Technology, Not Nationality, Nigel Cory

Manhattan Institute

- A Path to Social Security Reform, Chris Pope

Mercatus Center

- Energy, the Master Resource, Richard Morrison

- A Conservation Approach Where Everyone Wins, Tate Watkins & Shawn Regan


- Bank Interventions in Long-Run Context, Andrew Metrick & Paul Schmelzing

Niskanen Center

- The Rising Cost of Stagnant Immigration Policy, Cecilia Esterline

Pew Trusts

- Event: How Telehealth Can Maximize Access to Opioid Use Disorder Treatment, 3/30

Progressive Policy Inst.

- Japan’s Digital Transformation Could Be Hindered By Proposed Mobile Platform Regulations, Michael Mandel


- Banning TikTok is a Power the Federal Government Doesn't Deserve, Robby Soave

- Federal Courts Clash Over Financial Watchdog's Constitutionality, David McGarry

- How Bad are Your State's Occupational Licensing Requirements?, J.D. Tuccille

R Street

- Toward Clarity and Consensus on “E”SG, Devin Hartman

Resources for the Future

- Hydrogen Tax Credits, IPCC Report, and More, Matt Flack et al. 

- Energy Transition in Canada’s Oil Sands, Andrew Leach & Daniel Raimi


- Event: Benefit-Cost Analysis for Beginners, 4/28


- Power Corrupts, Emily S. Bremer

- Climate Risk and Canadian Banks: Is More Capital Required?, Glen Hodgson

The Regulatory Review

- Mobility Justice: How Regulators Can Make Transportation Systems More Accessible

Agency Rulemaking Highlights

Supplemental Effluent Limitations Guidelines

The Environmental Protection Agency (EPA) proposes to revise its effluent limitations guidelines and standards for the steam electric power generating category applicable to flue gas desulfurization wastewater, bottom ash transport water, and combustion residual leachate at existing sources. EPA will conduct online public hearings about this proposed rule on April 20 and April 25. Comments due May 30.

Child Nutrition Programs and Community Eligibility

The U.S. Department of Agriculture proposes to expand access to the Community Eligibility Provision by lowering the minimum identified student percentage participation threshold from 40 percent to 25 percent, which would give states and schools greater flexibility to choose to invest non-federal funds to offer no-cost meals to all enrolled students. Comments due May 8.

Examination of Refugee Status Claims From Nationals of Third Countries

The Departments of Homeland Security and Justice issued a final rule implementing additional protocols in the existing “Safe Third Country Agreement” between the U.S. and Canada in which the two governments cooperatively review refugee status claims. The additions apply to individuals entering outside official ports of entry. Effective March 25.

Fees for Nonimmigrant and Special Visas

The Department of State issued a final rule adjusting its Schedule of Fees for Consular Services for several nonimmigrant visa processing fees and the Border Crossing Card for Mexican citizens age 15 and over. Effective May 30.

Implementing CHIPS Act Credits and Preventing Improper Use

The Internal Revenue Service requests comment on a proposal to implement the advanced manufacturing investment credit established by the CHIPS Act of 2022. The proposal affects taxpayers that claim the credit or instead make an elective payment election. The Department of Commerce proposes to prevent improper use of the credit to keep funds from benefiting foreign countries of concern by allowing recipients to notify the agencies of significant prohibited transactions. Comments due May 22.

Credit Card Penalty Fees

The Consumer Financial Protection Bureau proposes to amend its “Regulation Z” which ensures that late fees charged on credit card accounts are “reasonable and proportional” to the late payment as required by the Truth In Lending Act. The proposal would adjust the allowable late fee amount to $8 or no more than 25 percent of the required payment. Comments due May 3.

The Opinion Section

Susan E. Dudley: The Diminishing Returns Of Tighter Fine Particle Standards

Stuart Shapiro: How the East Palestine Derailment and Silicon Valley Bank Failure are Connected

Katie Haun: How US Regulators are Choking Crypto

WSJ Editorial Board: A Climate for Failed Bank Regulation

Randal K. Quarles: What Congress Should Ask Regulators in SVB’s Aftermath

Maia Szalavitz: People Can’t Get Their ADHD Medicine, and That’s a Sign of a Larger Problem

NYT Editorial Board: The Dangerous Race to Put More Children to Work

Robert Gebelhoff: A Mostly Hidden Problem Wastes Appalling Amounts of Water

Dan Lashof: New California Bill Could Advance Carbon Removal While Holding Polluters Accountable

Peter Krull: Who Does Regulating ESG Help?

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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