March 22, 2019

Real Estate, Bank Lobbies Get Tax Victory From White House Review

From: Bloomberg Tax

Lydia O’Neal, Reporter

The real estate and banking lobbies asked, the White House’s regulatory review office listened—and then the administration helped those industries become eligible for a $414.5 billion perk in the 2017 tax law.

March 7, 2019

Regulations Coming Soon for Lab-Grown Meat

From: The Regulatory Review


USDA involvement with cultured meat labeling, however, leaves open the question of whether the term “meat” will appear on these products when they come to market.

One group from the traditional meat production industry, the United States Cattlemen’s Association, petitioned USDA in early 2018, requesting that the agency define “meat” narrowly to prevent products from being labeled as such unless they came from the carcass of an animal. The Association argued that consumers could be misled by cultured and plant based meat products labeled with the term “meat.”

March 1, 2019

White House Reviewing DOL Proposal on Franchise Liability

From: Bloomberg

Jaclyn Diaz, Reporter

The Labor Department’s controversial proposal on shared liability for wage and hour infractions in franchise and staffing arrangements is undergoing review by the White House ’s Office of Information and Regulatory Affairs. This is the first step of regulatory review before a proposal can be released to the public for comments.

It’s unclear what the rule will look like once published, but it’s widely expected that the DOL will move to limit shared liability for multiple businesses in contractual relationships….

February 26, 2019

USCIS moves EB-5 Modernization Rule to OMB

From: The National Law Review

Article By Robert Y. Maples | Greenberg Traurig, LLP

EB-5 Insights Blog

Read Complete Article

February 21, 2019

Significant Interest, Variety of Issues Raised During IRS OZ Hearing

From: Novogradac

by Michael Novogradac

Any question about the level of interest in proposed Internal Revenue Service (IRS) regulations concerning the opportunity zones (OZ) incentive was answered last Thursday.


While most of the comments were focused on the first tranche of guidance, the hearing was conducted in the shadow of a second tranche, which could to go to the Office of Information and Regulatory Affairs–the final step before its release–in the next few weeks.

Read Complete Article

February 19, 2019

Panel to review potential OSHA emergency response standard

From: Business Insurance

Gloria Gonzalez

The U.S. Occupational Safety and Health Administration is planning to initiate a small business advocacy review panel for a potential emergency response standard outlining procedures to respond to natural catastrophes such as fires and hurricanes and incidents such as explosions at chemical plant facilities within 60 days.

The agency informed the Small Business Administration’s Office of Advocacy and the Office of Information and Regulatory Affairs within the Office of Management and Budget on Feb. 7 that it plans to initiate a Small Business Advocacy Review panel, commonly known as a SBREFA panel, on emergency response under the Small Business Regulatory Enforcement Fairness Act, according to an email from a SBA spokesperson.

February 14, 2019

Advocacy groups say proposed rule on teen workers violates Information Quality Act

Editor’s Note: See also NGOs’ Increasing Use of the Data Quality Act.

From: Safety + Health

The National Employment Law Project and two other labor advocacy groups have filed a complaint against the Department of Labor, claiming DOL violated the Information Quality Act in its move to roll back child labor laws to allow unsupervised teens to operate powered patient lifts in health care settings.

NELP, the Child Labor Coalition and the Service Employees International Union on Feb. 11 submitted the complaint to Mick Mulvaney, director of the Office of Management and Budget and President Donald Trump’s acting chief of staff, as well as Secretary of Labor R. Alexander Acosta and Wendy Johnson of DOL’s Wage and Hour Division.

February 1, 2019

Recent Government Shutdown Likely to Delay Publication of FMCSA’s Hours of Service Proposal

From: Trimble Transportation Mobility

By Dave Osiecki

Although Federal Motor Carrier Safety Administration (FMCSA) staff were not furloughed during the recent and prolonged partial government shutdown (due to a fairly unique agency funding stream), other parts of the US Department of Transportation (USDOT), along with other federal agencies that help review and process federal rulemaking proposals, were affected.  Many policy-related staff in the Office of the Secretary of the USDOT were furloughed, and part of their responsibility is to review draft regulatory proposals from FMCSA and other USDOT agencies. 

January 23, 2019

BIS Contemplating Export Controls for Certain Emerging Technologies

From: The National Law Review

Emerging Technologies Update

Article By R. Scott Nuzum, Eric C. Wagner | Van Ness Feldman LLP


BIS Contemplating Export Controls for Certain Emerging Technologies

On November 19, 2018, the Bureau of Industry and Security (BIS)—an agency within the Department of Commerce—published an ANPR seeking public comment on criteria for identifying emerging technologies that are essential to U.S. national security. The BIS ANPR comes at a time of heightened scrutiny over global technology transfers. The past year alone has been dominated by headlines of (i) potential national security concerns related to the import of Chinese telecommunications technologies; (ii) potential supply chain attacks on U.S. technology manufacturers; and (iii) escalating trade tensions between the United States and China precipitated at least in part by U.S. objections over Chinese theft of intellectual property.

January 18, 2019

New VA community care program regs stall at OMB over cost

From: Modern Healthcare

By Susannah Luthi


This potentially major extra cost of $5 billion to $8 billion comes with the not-yet-finalized and not-yet-public draft regulations that will likely shape the VA’s community health program into a model similar to TriCare Prime, according to sources familiar to talks. TriCare Prime is the managed-care HMO plan for active service military that pays drastically low rates for treatment in private clinics and hospitals but also offers care in military health facilities.

The size of this new cost projection is delaying the VA’s proposed model at the White House Office of Management and Budget, where officials are evaluating the draft regulations, said a source close to discussions.