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Regulation Digest

March 22, 2023

Vol. 12, No. 12

Editor: RSC Team

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Marketplace of Ideas

GW Regulatory Studies

- Podcast: Jimmy Carter, the Great Deregulator, Susan Dudley

Washington Legal Fnd.

- WLF Cautions FTC Against Endangering the American Dream With Non-Compete Proposal 


- Symposium on Rebuilding Expertise, William Araiza

- Is Universal Vacatur Only an Illusion?, Ronald M. Levin

American Action Forum

- DOE Proposal Stands Out in Relatively Light Week, Dan Goldbeck

- Economic and Budgetary Effects of Immigration Reform, Douglas Holtz-Eakin


- Procompetitive Health Care Reform Options for a Divided Congress, Benedic N. Ippolito & Loren Adler

- FCC’s Vote on Prison Phone Rates Reflects Triumph of Political Process, Daniel Lyons

- Event: The Future of Medical Device Regulation: The Final Frontier, 4/11


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

American Prospect

- The Case for a Banking Public Option, Ryan Cooper

Bipartisan Policy Center

- The Rise of the Unitary Executive, Tevi Troy & Michael Thorning

- Small Agency, Big Mandate: Modernizing SBA, Michelle Kumar et al.

Brookings Institution

- Debt-for-Adaptation Swaps, Chetan Hebbale & Johannes Urpelainen

C. Boyden Gray Center

- Podcast: The Roberts Court and the Administrative State, Sally Katzen et al. 

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

Cato Institute

- More Startups Can Help Fix the Startup Bank’s Problems, Jack Solowey

- DEA Pumps the Brakes on Congress’ Move on Addiction Treatment, Jeffrey A. Singer

- The Modernizing Opioid Treatment Access Act Should Go Further, Jeffrey A. Singer


- Role of Leverage in the Bank Failures, Marc Jarsulic & Alexandra Thornton

- Improving Safety, Accident Response, and Public Health in the Wake of Recent Train Derailments, Kevin DeGood


- Public Engagement in the Regulatory System, James Goodwin

- Cutting 290,000 Tons of Water Pollution a Year, One Coal Plant at a Time, Daniel Farber


- Guidance Out of Darkness Act Introduced, Clyde Wayne Crews

- FTC Budget Request: More Money, More Staff, More Problems, Alex Reinauer

- Senators Should Reject WOTUS Overreach, Daren Bakst

- Desperately Seeking Regulatory Restraint, Richard Morrison

Federalist Society

- 4 Things to Watch in Gonzalez v. Google, Corbin K. Barthold

- Video: Is Crypto Legislation Coming?, J.C. Boggs et al. 

Free State Foundation

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


- Generic Drugs: Stakeholder Views on Improving FDA's Information on Patents

- Disaster Assistance: Action Needed to Improve Resilience, Response, and Recovery

Heritage Foundation

- This Action Moves Biden’s Heat on Natural Gas to Front Burner, Rachael Wilfong

Inst. for Policy Integrity

- Immediate Options to Address Environmental Disparities in CBA, Max Sarinksy


- Federal Agencies Should Adopt Agile Methods, Eric Egan

- Breaking Up Big Business Would Not Reduce Lobbying, Hadi Houalla

- What Kind of Industrial Policy: Progressive or Hamiltonian?, Robert D. Atkinson

Mercatus Center

- Curb Your EU Enthusiasm, Christine McDaniel


- Monetary Tightening and US Bank Fragility in 2023, Erica Xuewei Jiang et al.

Niskanen Center

- A Carbon Tax Would Help Reduce the Federal Deficit, Shuting Pomerleau

- DOE Transmission Study Demonstrates the Need for a Minimum Transfer Requirement, Conrad La Joie & Johan Cavert

Pew Trusts

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

Progressive Policy Inst.

- Regulation of Mobile Platforms & Japan’s Digital Transformation and Cybersecurity, Michael Mandel


- New Regulations Won't Stop the Next Bank Collapse, Elizabeth Nolan Brown

- Judge Blasts SEC for Poorly Argued Cryptocurrencies Claim, Brian Doherty

- A Major New Defense of the Major Questions Doctrine, Ilya Somin

Resources for the Future

- The Carbon Scoring Project, Kevin Rennert & Aaron Bergman

- Emissions Standards and EV Targets for Passenger Vehicles, Joshua Linn

- Event: RFF’s Global Energy Outlook 2023, 3/28


- Regulation of Online Food Delivery Platforms, Xu Ji et al.

The Regulatory Review

- US Supply Chain Regulations Seek to Improve Resilience, Ayo Aladesanmi

- Should Regulators Have a Chat With ChatGPT?, Elizabeth Yin et al.

- Tribal Regulatory Authority to Combat Climate Change, Dylan R. Hedden-Nicely

Agency Rulemaking Highlights

Reducing Gun Violence

President Biden issued Executive Order 14092 directing a whole-of-government approach to reducing gun violence. The order directs agencies to expand their safe firearm storage campaigns; encourage the use of “red flag” laws; and study how the federal government can better support victims, family members, first responders, and communities affected by gun violence.

Mortgage Loan Originator Rules Review

The Consumer Financial Protection Bureau (CFPB) is requesting public comments on a review of Regulation Z's Mortgage Loan Originator Rules under section 610 of the Regulatory Flexibility Act. CFPB is seeking input on the economic impact of the Rules on small entities to help determine whether it should retain, amend, or rescind the regulations. Comments due May 1.

Use of Federal Real Property To Assist the Homeless

The Department of Housing and Urban Development, the General Services Administration, and the Department of Health and Human Services proposed to update their existing regulation that allows states, local governments, and nonprofits to use underutilized or excess federal properties to assist the homeless. This proposed rule would incorporate statutory changes, updated references and terminology, and revised procedures to improve program administration. Comments due May 19.

Informal Evaluations for Immigrant Visas

The Department of State proposed an amendment of its regulation governing immigrant visas by no longer allowing a consular officer to conduct an informal evaluation of an applicant's family members to identify potential grounds of ineligibility. The proposal would remove a section initially promulgated in 1952, which the department believes is no longer adequate based on current eligibility requirements. Comments due May 16.

Language Proficiency Requirements for Fellowship Programs

The Department of Education proposed a rule to amend language proficiency qualifications for applicants to the Fulbright-Hays Doctoral Dissertation Research Abroad (DDRA) Fellowship Program and the Faculty Research Abroad (FRA) Fellowship Program. Comments due April 20.

Asylum Interview Interpreter Requirements

The Department of Homeland Security (DHS) extended the effective date by 180 days of a temporary final rule modifying regulatory requirements related to affirmative asylum adjudications during the COVID-19 pandemic. This is the fourth time DHS is extending the temporary final rule, which was initially published September 23, 2020 and is now effective through September 12, 2023. Effective March 16.

Copyright for Generative Artificial Intelligence

The Copyright Office issued a statement of policy to clarify its practices for examining and registering works that contain material produced by generative AI. Based on the human authorship requirement, the policy statement indicates that works with AI-generated material should contain sufficient human authorship to support a copyright claim. Effective March 16.

The Opinion Section

WSJ Editorial Board: The Financial Risks of Regulatory Panic

Jesse Eisinger: So Where Were the Regulators?

Jay Clayton & Gary Cohn: Stop the Partisan Bickering. We Need Smart Solutions to Save Our Banking System.

Eugene Robinson: If Banks Want Federal Rescue, They Should Accept Federal Regulation

Marc Thiessen: Big Government is to Blame for Silicon Valley Bank’s Collapse

Ezra Klein: Can We Slow This All Down, Please?

Ilya Somin: A Major New Defense of the Major Questions Doctrine

Jeff Moon: TikTok Tit-for-Tat: US May Finally Reciprocate China’s Internet Protectionism

Jeff Joseph: Policymakers Should Avoid Temptation of Subjecting Airlines to More Regulations

Nicole Zheng: Is ChatGPT Your New Writer? Not Today, Especially In Regulated Sectors

Zennon Kapron: Why China Is Rejigging Its Financial And Technology Regulations

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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