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OPM's Paid Parental Leave

The Federal Employee Paid Leave Act, enacted in 2019, allows several categories of federal employees to substitute up to 12 weeks of paid parental leave for the unpaid leave they are entitled to under the Family and Medical Leave Act. The substitution is permitted in connection with the birth, adoption, or foster care placement of a child with the employee. OPM’s interim final rule implements the legislation.

The NTIA and Section 230

The NTIA proposal includes several provisions that would narrow the scope of Internet intermediaries’ liability when they remove or restrict access to content provided by others. It would also require the intermediaries to disclose their content moderation policies in a form that is understandable by consumers and small businesses.

Unintended Consequences of GDPR

Recent studies explore the reasons for troubling and unintended consequence of GDPR on competition and market concentration.

Mass, Computer-Generated, and Fraudulent Comments

The Administrative Conference of the United States requested proposals for a new project on “Mass, Computer-Generated, and Fraudulent Comments."

Improvements in SEC Economic Analysis

Several D.C. Circuit decisions that remanded regulations to the Securities and Exchange Commission (SEC) between 2005 and 2011 provide a natural experiment that permits researchers to identify the correlation between judicial review, the quality of regulatory agencies’ economic analysis, and its use in regulatory decisions. SEC economic analysis improved substantially following the issuance of new staff guidance on economic analysis in 2012.

Analyzing Agency Budgets for Regulatory Spending

This Regulatory Insight analyzes four Trump administration budget proposals to identify notable recurring trends in regulatory spending. Budget data indicate that spending on homeland security regulation has risen, while outlays for environment and energy regulation have fallen. Comparing the president’s budget proposals with actual outlays suggests where the administration has been largely successful in accomplishing its political goals and where Congress has hindered those goals.

Race and Regulation

The public comment process offers a way to place evidence in an agency’s record that it might not otherwise consider, such as race-related effects.

The Discounting Dilemma

OMB's original guidance on discounting from 1988 can help to resolve many misunderstandings about discounting that have developed since then.

Benefit-Cost Analysis at the EPA

“The EPA is “soliciting comment on whether and how EPA should promulgate regulations that provide a consistent and transparent interpretation relating to the consideration of weighing costs and benefits in making regulatory decisions in a manner consistent with applicable authorizing statutes.” I will comment on three issues raised in the proposed EPA rule.

EPA's Benefit-Cost Analysis

In this Notice of Proposed Rulemaking (NPRM), EPA seeks to codify procedures that will ensure adequate consistency and transparency in applying Benefit-Cost Analysis (BCA) to rulemakings under the Clean Air Act (CAA).