February 15, 2018

Harassment guidance for employers awaits approval from White House

From: The Hill

The White House is reviewing an Obama-era proposal from the Equal Employment Opportunity Commission (EEOC) that would update federal guidance for employers on preventing harassment in the workplace.

Released before the “Me Too” movement, and just 10 days before President Trump took office, the proposal most notably extends the EEOC’s interpretation of sex-based harassment to include harassment based on gender identity and sexual orientation, among other things.

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February 6, 2018

The ATF Received 36,000 Comments on Bump Stocks. They’re Overwhelmingly Anti-Regulation.

From: The Trace

Sean Campbell and Daniel Nass

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The Trace downloaded the text of more than 32,000 of the comments and used computer scripts to parse and analyze them. The comments overwhelmingly opposed regulating bump stocks. Only 13 percent were in support of the proposal to regulate the devices. (Another 2 percent didn’t express a clear stance.)

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The public comments collected by the ATF are intended to inform the agency’s decision of whether to reclassify bump stocks and subject them to regulation. If the agency chooses to propose a new rule, it would be sent to the Office of Information and Regulatory Affairs for approval, before being published in the Federal Register.

February 1, 2018

Overseas Observation on EB-5 Reform

Editor’s Note: See CRE Petitions DHS to Reform the EB-5 Program to Create Jobs in Rural America & Areas of High Unemployment. The article below has been translated from the Chinese original.

From: www.afinance.cn

Outreach Abroad Observation | EB-5 Reform, Second Boot is Shaky

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Overseas Liu Jiani: Recently, the Office of Information and Regulatory Affairs of the United States White House (Office of Information and Regulatory Affairs, OIRA), The official website (WWW.REGINFO.GO) updated the implementation time of the EB-5 reform program of the United States Immigration Bureau, from September 1 this year planned for April 2018 to February 2018. What does that mean? From a professional point of view, the Immigration Department’s move is aimed at urging Congress to implement EB-5 reforms as soon as possible.

January 31, 2018

EPA & Army Corps Send WOTUS Rule to OIRA

From: Mondaq

Definition Of “Waters Of The U.S.” Remains Uncertain

Troutman Sanders LLP

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In July, the current Administration promulgated a new proposed rule that would rescind the 2015 final rule, pending issuance of a more substantive rulemaking that reevaluates the definition of waters of the U.S.  Congress is simultaneously considering making a statutory amendment to the definition of “waters of the U.S.” Federal Regulatory Certainty for Water Act, H.R. 1261, 115th Cong. (2017).  In response to the recent Supreme Court decision, the Trump Administration now intends to finalize a rule to revise the “applicability date” of the rule (to 2020, to allow time for the Administration to replace the rule) before the Sixth Circuit Court of Appeals can withdraw its stay of the 2015 final rule.  EPA and the Army Corps of Engineers reportedly sent a final rule late last week to the Office of Information and Regulatory Affairs for review.

January 25, 2018

CMS cancels plans to expedite Medicare coverage on devices

From: Modern Healthcare

By Virgil Dickson

The CMS has called off plans to create a new regulatory pathway that would have accelerated granting Medicare coverage for medical devices.

The agency withdrew a proposed rulemaking that would have launched the expedited coverage of innovative technology, or EXCITE, from review at the White House’s Office of Management and Budget this month. The proposal had languished at the executive branch for nine months.

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January 23, 2018

Trump administration plans review of Stark Law regulations

From: Healthcare DIVE

Dive Brief:

  • The Trump administration plans to form a group with representatives from CMS, HHS’ Office of Inspector General, HHS’ General Counsel and the Department of Justice to look at the Stark Law and determine ways to potentially remove regulatory barriers.
  • CMS Administrator Seema Verma said providers are asking for the agency to reduce the burden of the regulations, in particular to allow exceptions to the anti-kickback law for alternative payment models.
  • She said revamping the regulations could also help quicken the move from fee-for-service to value-based payments, though she acknowledged Congress may need to step in to remove barriers to such care.

January 18, 2018

CRE Petitions DHS to Reform the EB-5 Program to Create Jobs in Rural America & Areas of High Unemployment

Editor’s Note: A successful petition is often premised on:

(1) Stakeholders posting comments on the petition in the space provided below

      Here is the result of informed comments.

(2) The credibility of the organization sponsoring the petition

All stakeholders are encouraged to submit comments in the space provided below; we accept anonymous comments.

Cross-posted from CRE’s EB-5 Regulation IPD.

CRE Petition for Rulemaking

January 17, 2018

Planned shift on gun exports kicks up storm

From: The Hill

The Trump administration’s expected plan to transfer the licensing of gun exports from the State Department to the Commerce Department has Democratic lawmakers and foreign policy advocates readying for a fight.

The proposal under review by the White House Office of Information and Regulatory Affairs (OIRA) has yet to be made public, but experts fear it will lead to less oversight of commercial sales of assault weapons like submachine guns and flame throwers to foreign buyers.

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January 10, 2018

New proposal could delay implementation of the Common Rule

Editor’s Note: OIRA posting of this HHS/OASH Final Rule, “Federal Policy for the Protection of Human Subjects: Delay of the Revisions to the Federal Policy for the Protection of Human Subjects,” triggered the delay discussed in the article below.

From: Outsourcing-Pharma.com

By Melissa Fassbender

A proposed Final Rule, which would delay the implementation of the revised Common Rule, comes as a surprise to many in the institutional review board (IRB) community, says WCG compliance VP.

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January 8, 2018

FCC Releases Net Neutrality Rollback Order

From: Broadcasting & Cable

By John Eggerton

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That starts the timetable for the new net neutrality regulation framework to go into effect. An FCC spokesman said: “The Order is effective following approval by the OMB under the Paperwork Reduction Act. Once OMB approves it, the FCC will publish a notice in the Federal Register with the effective date, which will be shortly after the FR publication of that notice.

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