Search Results Archives: January 2018

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


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.


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


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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January 5, 2018

USCIS to undertake “a thorough review of employment-based visa programs.”

From: San Francisco Chronicle


How can the administration accomplish this? The administration is looking at reinterpreting a law passed in 2000, the American Competitiveness in the 21st Century Act, which overhauled the H-1B visa program. That law says that the government “may” grant extensions to foreigners while their green card is pending.


Jonathan Withington, a spokesman for U.S. Citizenship and Immigration Services, an agency within the Department of Homeland Security that oversees visas, said it is considering a “number of policy and regulatory changes to carry out the president’s Buy American, Hire American executive order, including a thorough review of employment-based visa programs.”