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Regulation Digest

September 21, 2022

Vol. 11, No. 38

Editor: Nate Thompson

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Marketplace of Ideas

GW Regulatory Studies Center

- Red Tape Literature in Public Administration, Daniel R. Pérez

Bipartisan Policy Center

- Small Businesses Go Digital, Michelle Kumar & Jason Wiens

- Cryptocurrencies are Here to Stay, Paolo Mastrangelo et al.

- Event: Solutions to Improve Administration of the CTC and EITC, 9/26


President Trump and the Shallow State, James Pfiffner

- Democrats’ High-wire Act on Student Loan Forgiveness, Douglas N. Harris

- How to Make Sure America’s New Industrial Policy Benefits Workers and Entrepreneurs, Xavier de Souza Briggs & Mark Muro

C. Boyden Gray Center

- Judicial Review of Agency Action, Justin (Gus) Hurwitz et al.

- Regulatory Budgeting and EO 13771, Anthony P. Campau et al.

Cato Institute

- The White House’s Statement on Cryptocurrency, Nicholas Anthony & Jack Solowey

-The Biden‐​Cryptocurrency Reports, Nicholas Anthony & Jack Solowey

- One and a Half Cheers for Supply‐​Side Progressivism, Ryan Bourne


- Understanding the Biden Administration’s Technology Policy Platform, Adam Connor

- The Inflation Reduction Act: What It All Means, Daniella Gibbs Léger et al.


- America Needs an Emergency Declaration to End All Emergency Declarations, Clyde Wayne Crews

- This Week in Ridiculous Regulations, Ryan Young

- No, We Don’t Need Federal Licenses for Big Tech, Richard Morrison


- A New Look for a New Era, Allison Stevens

Economic Policy Inst.

- Poverty is a Policy Choice, Marokey Sawo

Federalist Society

- What’s Next for Crypto?, Alex Pollock et al.

Free State Fdn.

- Traditional Video Distributors Shrink While Streaming Video Grows, Andrew Long


- Climate Change: Enhancing Federal Resilience

- CIOs: Private Sector Practices Can Inform Government Roles

- FY22 Provisions for Federal Agencies

Heritage Foundation

- Mad About Migrant Flights?, Tom Homan

- CA Is Increasing Electrical Demand and Cutting Off Access to Electricity Sources, Katie Tubb

Hoover Institution

- Equal Justice, They Said, Victor Davis Hanson


- Ruling on Texas Social Media Law Carries Disastrous Consequences for Users, Ashley Johnson

- IP and the Metaverse, Juan Londoño et al.

- Biden Blueprint Misses the Mark on Broadband Prices, Robert D. Atkinson

- Biden’s Bioeconomy Executive Order Is a Good Idea, Val Giddings

Manhattan Institute

- The ‘Sleeper News’ in Biden’s Student-Debt Plan, Robert VerBruggen

- The Jackson Water Crisis & the Urgency of Climate Adaptation, Jordan McGillis

- Your Guide to the Permanent Pandemic Economy, Allison Schrager

Mercatus Center

- New NRC Report Outlines Options For Regulating Nuclear Fusion, James Broughel

- Measuring Monetary Policy: the NGDP Gap, David Beckworth


- Waivers for the Public Service Loan Forgiveness Program, Diego A. Briones et al.

- What Drives Risky Prescription Opioid Use?, Amy Finkelstein et al.

- Energy Efficiency Can Deliver for Climate Policy, Peter Christensen et al.

Niskanen Center

- Martha’s Vineyard Locals Stepped Up to Help Migrants, Matthew La Corte & Gil Guerra  

- Census Data and Child Poverty Reductions, Robert Orr

- Refugee “Baggage” Does Not Include Inclination to Crime, Sora Heo

Public Citizen

- Whistleblower Protection Bill Passes in the House


- Judges Uphold TX Law on Social Media Censorship, Scott Shackford

- American Hunters Cry Fowl Over Canada Border Ban, Baylen Linnekin

- UK's New Prime Minister Targets Aggressive Food Nannies, Scott Shackford


- Pathways Toward Grid Decarbonization, Daniel Shawhan et al.

- What Do Hydrogen-Hub Proposers Want?, Yuqi Zhu & Alan Krupnick

R Street Institute

- Permitting Reform is Key for Renewables and LNG Exports, Philip Rossetti

- Can Cannabis Help Solve the Opioid Crisis?, Stacey McKenna

- Capturing the COVID Booze Wave, Part 2, C. Jarrett Dieterle


- Event: Benefit-Cost Analysis for US Regulations, 10/4


- Uncovering the Network Structure of Derivative Markets, Sebastiano Michele Zema

- The Evolution of European Telecommunications Regulation, Pablo Ibáñez Colomo

- AI as a Medical Device, Anastasiya Kiseleva

The Regulatory Review

- Avoiding Unduly Concentrated Clean Energy Markets, Richard J. Pierce, Jr.

- Toxic Metals in Baby Food Remain Unregulated, Jonathan Sharp

- Stock Markets Fail to Punish Firms that Cause Harm, Ellen Holtmaat et al.

- Administrative Barriers to Decarceration, Brianna Rauenzahn

Urban Institute

- Publicly Insured Patients More Likely to be Treated Unfairly, Dulce Gonzalez et al.

- What the IRA Did, and Didn’t Do, for Sustainable Transportation, Yonah Freemark

- Event: AV Policy and Regs, 9/22

Washington Legal Fdn.

- Why Good Companies Want Arbitration, Patrick J. Bannon


- Call for Submissions: AALS New Voices in Administrative Law 2023, Christopher J. Walker

American Action Forum

- Crypto and Fintech Developments in the Biden Administration, Thomas Wade

- A Mid-September Dud, Dan Goldbeck & Dan Bosch

- 340-Be Better, Jackson Hammond


- Child Welfare Is Becoming a Joke, Naomi Schaefer Riley

- The NTIA Steps Beyond Congress’s Purview in Broadband Deployment Plans, Shane Tews

American Prospect

- Battle Royale for Crypto Oversight Kicks Off, David Dayen

- Buy Now, Pay Later Overextends and Spies on Consumers, Jarod Facundo

- Amtrak Joe Averts a Lockout, Harold Meyerson

Editor's Note: Congrats to our GWU colleague and Trachtenberg School of Public Policy and Public Administration Professor Stephanie Cellini, who has joined OIRA as a senior consultant advising the White House on higher education and regulatory policy issues! We are delighted that Professor Cellini’s expertise and dedication will encourage pragmatic and effective rulemaking benefiting American education and learners.

Agency Rulemaking Highlights

Ukraine/Russia Related Actions

Additional defense resources were directed to Ukraine, while sanctions against Russia were tightened

Other Notable Actions

Advancing a Safe and Secure American Bioeconomy

EO 14081 coordinates a whole-of-government approach to advance biotechnology and biomanufacturing towards innovative solutions in health, climate change, energy, food security, agriculture, supply chain resilience, and national and economic security. The order aims to maintain U.S. technological leadership and economic competitiveness.

CFIUS and Evolving National Security Risks

EO 14083 directs the Committee on Foreign Investment in the United States (CFIUS) to develop more robust procedures for reviewing foreign investment to better protect against evolving national security risks. The order specifically addresses foreign investments from countries that have a demonstrated strategic goal of acquiring a critical technology or critical infrastructure. Under the order, CFIUS will more closely examine transactions affecting supply chain resilience, manufacturing capabilities, critical mineral resources, and technologies including AI, quantum computing, biotechnology, and climate adaptation.

Electronic Logging Device Revisions

The Federal Motor Carrier Safety Administration (FMCSA) solicits comments on ways to improve the clarity of current regulations on the use of electronic logging devices (ELD). The proposal covers potential changes for: applicability to pre-2000 engines; addressing ELD malfunctions; the process for removing ELD products from FMCSA's list of certified devices; technical specifications; and ELD certification. Comments due November 15.

New Performance Indicator Serving Employers

The departments of Labor and Education jointly proposed a rule for defining and establishing the last performance indicator of the six directed by the Workforce Innovation and Opportunity Act (WIOA). The new indicator–effectiveness in serving employers–aims to be standardized and implemented across several key job training programs. Comments due November 14.

RFI Supporting Advanced EOB for No Surprises Act

HHS, IRS, the Personnel Management Office and other departments published a request for information to inform better explanation of benefits (EOB) and good faith estimates required by the No Surprises Act. The RFI seeks information and recommendations on transferring data from providers and facilities to plans, issuers, and carriers; other policy approaches; and the economic impacts of implementing these requirements. Comments due November 15.

Protecting the Communications Supply Chain

FCC published its final rule for a 3-year information collection associated with the Secure and Trusted Communications Networks Act of 2019. Effective September 21.

Easing Imports of Solar Power Components from SE Asia

Commerce issued its final rule extending the timeframe and waiving suspensions for infractions of antidumping trade regulations concerning silicon photovoltaic cells originating in China, Malaysia, Thailand, Vietnam, and Cambodia. Effective November 15.

The Opinion Section

Jason Willick: Why Don’t Biden’s Regulators Want You Betting on the 2024 Election?

Eugene Volokh: Fifth Circuit Rejects First Amendment Challenge to Texas Social Media Common Carrier Law

Keli‘i Akina: What’s Causing Hawaii’s Housing-Market Crunch?

Bernard Sharfman & James Copland: The SEC Can’t Transform Itself Into a Climate-Change Enforcer

Lindsay Wiley: Extreme Religious Liberty is Undermining Public Health

Mario H. Lopez: Even the EPA’s Allies Question the Plan for Regulating PFAS

James Erwin: The FCC is Working Just Fine Without Gigi Sohn

Steve Rosenthal: Private Equity Is a Business Subject to the New Book Minimum Tax. Treasury Should Say So

Jeff Stier: FDA: Fix Department, ASAP

Bloomberg Editorial Board: Don't Let the Crypto Winter Go to Waste

Bloomberg Editorial Board: Joe Biden’s Surprisingly Good Year on Gun Policy

In the News

Governance & Politics

Financial Markets & Housing

Energy & Environment

Health & Safety

Business & Technology

Transportation & Infrastructure


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