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Regulation Digest

September 14, 2022

Vol. 11, No. 37

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies Center

- Agile Regulation for Auto Safety and Innovation, Heidi King

American Prospect

- The Biggest Permitting Reform Would Be More Money, David Dayen

Bipartisan Policy Center

- Event: The Future of Cryptocurrency, 9/15

- Event: Implementing the Bipartisan Infrastructure Law, 9/16


- Event: Non-digital Market Concentration: Do We Need New Approaches to Antitrust Policy?, 9/21

C. Boyden Gray Center

- FTC v. Walmart Inc., Brief for Amicus Curiae in Support of Defendant’s Motion to Dismiss, Jennifer Mascott & R. Trent McCotter

Cato Institute

- The House Stablecoin Bill Should Foster Innovation and Competition, Norbert Michel

- Jawboning against Speech: How Government Bullying Shapes the Rules of Social Media, Will Duffield

- House Committee Demands Answers on CBDC, Nicholas Anthony

- Event: 21st Annual Constitution Day, 9/16


- The Inflation Reduction Act Will Save Families Thousands of Dollars, Rachel Chang et al.

- The Biden-Harris Administration’s New Public Charge Rule, Julia Cusick

- Fed Should Supervise Foreign Banks Like their US Counterparts, Lilith Fellowes-Granda

- Advancing Health Care Nondiscrimination Protections for LGBTQI+ Communities, Caroline Medina & Lindsay Mahowald


- Strategies to Improve the National AI R&D Strategic Plan, Ryan Nabil

- The EU’s Crypto Protectionism Threatens Financial Freedom, Paul Jossey

- Many Federal Agency Rules and Guidance Documents are Still Not Properly Reported to Congress, GAO, Clyde W. Crews


- EPA’s Chemical Disaster Rule: Small Steps Forward When Environmental Justice Demands Giant Leaps, Katlynn Schmitt

- Climate Policy: What’s Happening at the State Level?, Daniel Farber

Economic Policy Inst.

- The 2021 Census Report Highlights How Government Relief Reduced Poverty, Elise Gould

Federalist Society

- Title IX NPRM: Due Process and Potential Challenges, Paul F. Zimmerman

- HHS’s Proposed Nondiscrimination Regulations Impose Transgender Mandates, Rachel N. Morrison

Free State Fdn.

- FCC Broadband Maps Receive a November 2022 Release Date, Seth L. Cooper


- Consumer Data: Increasing Use Poses Risks to Privacy

- Nuclear Energy Projects: DOE Should Institutionalize Oversight Plans for Demonstrations of New Reactor Types

Heritage Foundation

- CISA Exposed for “Ministry of Truth” Dirty Work, Erin Dwinell

Inst. for Policy Integrity

- Event: A New Era of Climate & Energy Policy, 9/20


- The Hydrogen Hubs Conundrum: How to Fund an Ecosystem, Robin Gaster

- How Policymakers Can Thwart the Rise of Fake Reviews, Morgan Stevens & Daniel Castro

- Sustaining US High-Performance Computing Leadership in an Exascale Era, Stephen Ezell

Manhattan Institute

- Defying Markets to Promote Organics, Jeff Stier & Henry I. Miller

- Sludge Kills, Corbin K. Barthold

- Free College in America Is a Bad Idea. Just Look at Europe, Allison Schrager

Mercatus Center

- The Regulations Authorities Database: A Dataset, Kofi Ampaabeng et al.

- Congress and CDC Overreach, Bobbi Herzberg & Tad DeHaven


- Remote Work Lessens Wage-Growth Pressures, Jose Maria Barrero et al.

- Working from Home Around the World, Cevat Giray Aksoy et al.

- Climate Risks and FDI, Grace Weishi Gu & Galina Hale

Niskanen Center

- The Need for Child Welfare Experts at the Border, Emily Van Fossen

- FERC is Coalescing Around the Idea of Minimum Transfer Capacity, Liza Reed & Andrew Xu

- Second Quarterly Report of UI Benefit Sizes for 2022, Will Raderman

Pew Trusts

- Geothermal Bubbles Up as Another Way to Fight Climate Change, Alex Brown

- Inaccurate Prenatal Tests Can Harm Expectant Parents, But Stronger Oversight Can Help, Michael Dobias

Progressive Policy Inst.

- Why US Policymakers Should Renew TAA (For Everyone), Ed Gresser & Taylor Maag

Public Citizen

- Rampant Banker Misconduct in the Absence of Dodd-Frank’s Executive Pay Rule

- ESG Investing at a Crossroads, Tracey Lewis


- The FTC vs. the Internet, Jennifer Huddelston

- Community Fridges Are Facing Vandalism and Regulatory Challenges, Baylen Linnekin

- Everyone Wants To Ban Certain Content Online. No One Wants To Talk Enforcement, Bonnie Kristian

- Border Officials Took This Woman's Cheese and Fined Her $1,000, Fiona Harrigan

- Maybe a Ceremonial Monarchy Can Show the Way to a Less Powerful State, J.D. Tuccille


- Gas Prices 101, Beia Spiller & Heather Stephens

- What is an “Energy Community”?, Daniel Raimi & Sophie Pesek

R Street Institute

- Will California Derail National Push to Protect Data Privacy?, Brandon Pugh

- How Juvenile Justice “Deflection” Programs Reduce Crime and Save Money, Marc Hyden & Steven Greenhut

- Overview: Juvenile Deflection in the US, Sarah Anderson et al.


- 2023 Annual Conference Call for Abstract Submissions


- When and Why Do Lawyer Orgs Seek to Influence Law?, Lynn Mather & Leslie C. Levin

- Green Hydrogen – How Grey Can it Be?, Manuel Villavicencio et al.

- The Mythology of Substance Use in the Family Regulation System, Marc Canellas

The Regulatory Review

- Analyzing Language to Identify Stakeholders, Fabiana Di Porto

- Agency General Counsels, Beware, E. Donald Elliott & Joshua Galperin

- Contractors in Rulemaking, Kazia Nowacki

- Telehealth Abortion Care, Katie Cohen et al.

Urban Institute

- Families in Subsidized Rental Units Rarely Live in Low-Poverty Neighborhoods, Daniel Teles et al.

Washington Legal Fdn.

- Recent Judicial Decisions Endorse Citizen-Suit Role Beyond CWA’s Intent, Brent Rosser & Kate Perkins

- Greenhouse Gasses, Natural Gas, and the DC Circuit, Kasdin Mitchell & Rex Manning

- FTC’s Challenge to Altria-JUUL Transaction, Steven Cernak


- SB 8’s Fines Are Criminal, Guha Krishnamurthi

- DC Circuit Review: Let’s Sue All the Judges, Seth Davis

American Action Forum

It’s Public Benefits Week in the Federal Register, Dan Goldbeck & Dan Bosch

- Congressional Review Act in the 117th Congress, Dan Bosch

- Antitrust Issues, Jackson Hammond

- Late, But Never Would Be Better, Douglas Holtz-Eakin


The Dutch Farmers’ Revolt Isn’t Brexit or MAGA, Stan Veuger

- Senators May Eradicate Local Journalism, Mark Jamison

- Event: US Health Policy and Market Reforms, 9/21

Agency Rulemaking Highlights

Narrowing the Public Charge Immigration Rule

The Department of Homeland Security is amending its regulations on how it determines whether noncitizens are inadmissible to the United States because they are likely at any time to become a “public charge” – that is, primarily dependent on the government for subsistence or long-term institutionalization at government expense. The final rule aims to avoid unnecessary burdens on applicants, officers, and benefits-granting agencies and to mitigate the possibility of widespread “chilling effects” with respect to individuals disenrolling or declining to enroll themselves or family members in public benefits programs for which they are eligible. Effective December 23. 

Repayment of Candidate Loans

The Federal Election Commission (FEC) issued an interim final rule removing regulatory restrictions on authorized committees' repayment of candidate personal loans. The action responds to the Supreme Court's recent decision in FEC v. Ted Cruz for Senate, which held that the statutory provision implemented by those regulations is unconstitutional. Comments due October 11 and effective November 30.

Vehicle Safety and Cybersecurity

The National Highway Traffic Safety Administration (NHTSA) issued final guidance on its Cybersecurity Best Practices for the Safety of Modern Vehicles. The guidance supports industry-led efforts to improve the automotive industry's cybersecurity posture and provides NHTSA's views on how the industry can develop and apply sound, risk-based cybersecurity management processes during the vehicle's entire lifecycle.

VA’s Reproductive Health Services

The Department of Veterans Affairs issued an interim final rule amending its medical regulations to remove the exclusion on abortion counseling and establish exceptions to the exclusion on abortions in the medical benefits package for veterans receiving care in that package. The rule also removes the exclusion on abortion counseling and expands the exceptions to the exclusion on abortions for Civilian Health and Medical Program beneficiaries. Effective September 9.

Responding to Monkeypox Public Health Emergency

The Department of Health and Human Services declared that circumstances exist justifying authorizations of emergency use of in vitro diagnostics for detection of the monkeypox virus. Additionally, a notice from the Food and Drug Administration announced final guidance on monkeypox testing policy for labs and commercial manufacturers of diagnostic tests.

Harmonizing with IAEA Standards

The Nuclear Regulatory Commission is proposing to amend its regulations for the packaging and transportation of radioactive material to match the standards of the International Atomic Energy Agency (IAEA). Relatedly, the Pipeline and Hazardous Materials Safety Administration is proposing to adopt changes to the IAEA standards and to amend internal regulatory review processes to update, clarify, correct, or streamline certain requirements applicable to the transportation of Class 7 (radioactive) materials. Comments due November 28 and December 12, respectively.

Resolution of Federal Tax Controversies

Reflecting amendments to the law made by the Taxpayer First Act of 2019, the Internal Revenue Service (IRS) proposed a rule relating to the IRS Independent Office of Appeals and how it resolves federal tax controversies without litigation. The proposal also concerns requests for referral to that office following the issuance of a notice of deficiency to a taxpayer. A public hearing is scheduled for November 29. Comments due November 14.

The Opinion Section

Dee Dee Parker Wright: DC’s Child-Care Regulations Will Improve Outcomes for Children

Jim Crotty: Ending Telehealth Cuts Off a Vital Tool Against Opioid Addiction

Samuel Whillans et al.: Regulators Can Save Lives by Protecting Medically Vulnerable Utility Users

WSJ Editorial Board: Janet Yellen’s Fantasy Economy

Ezra Klein: All Biden Has to Do Now Is Change the Way We Live

Matthew Germer: The Era of Millennial Elections Could Mark the End of Binary Voting

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure

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