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.

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.

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

Governance & Politics

• These California Bills Are Still Awaiting Gov. Gavin Newsom’s Signature, New York Times
• Under Trump, ICE Aggressively Recruited Sheriffs as Partners to Question and Detain Undocumented Immigrants, Washington Post
• Bill to Prevent Schedule F from Resurfacing Advances Out of House Committee, Federal News Network
• A Pair of Senators Wants to Know How Agencies are Spending Money to Meet Management Goals, Government Executive
• Union Organizers Gain Access to Contractors Working on Government Projects, Federal News Network
• IRS Has the Funding to Hire Tens of Thousands. Can It Actually Do So?, Government Executive
• New Federal Guidance Aims to Strengthen Indigenous Land Management, Government Executive
• This Federal Construction Project has Dragged on Through Four Administrations, Federal News Network
• Martorana Pressed About IT Project Oversight, Role of Federal CIO by House Lawmakers, Federal News Network

Financial Markets & Housing

• Big Regional Banks Might Face New Rules for Dealing With a Crisis, Wall Street Journal
• Ether’s New ‘Staking’ Model Could Draw SEC Attention, Wall Street Journal
• The SEC Chair Issued a Game-Changing Ethereum Warning—Sparking a Major Price Crash, Forbes
• The White House Calls for More Regulations as Cryptocurrencies Grow More Popular, NPR
• How State Regulators Supplanted the Feds in Policing Crypto Markets, Washington Post
• SEC Draft Rules Could Boost Resilience of $24T Treasury Market, Reuters
• CFPB Director Defends Novel Regulatory Tactics, Wall Street Journal
• DOJ Forms National Prosecutor Network Focused on Crypto Crime, Wall Street Journal
• US Consumer Watchdog Plans to Regulate 'Buy-Now, Pay-Later' Companies, Reuters

Energy & Environment

• Captured: a Five-Part Podcast Series About the Tussle for the Heart of the EPA, NPR/WBUR
• SEC Chair Spars with Senators Over Climate Rules, The Hill
• New NRC Report Outlines Options for Regulating Nuclear Fusion, Forbes
• Solar Fee May Push Californians to Flee Grid, Sunrun Says, Bloomberg
• Five Facts on Energy Permitting Reform, Real Clear Policy
• Dump of Menhaden in Gulf Brings Latest Calls for Regulation, AP News
• Indonesia Unveils New Regulation to Boost Renewable Energy Use, Reuters

Health & Safety

• FDA’s Drug Industry Fees Fuel Concerns Over Influence, New York Times
• Appeals Court: Where Does POTUS' Power to Force Feds to Vax End?, Government Executive
• Where Anti-Trans Health Care Laws are Headed to the Books in the US, Bloomberg
• Rikers Critics Urge Federal Takeover of Troubled NYC Jail, Bloomberg
• Jackson Water Crisis Spurs Calls to Bring the Federal Hammer Down on Mississippi, Politico

Business & Technology

• A Landmark Supreme Court Fight Over Social Media Now Looks Likely, Washington Post
• Appeals Court Upholds Texas Law Regulating Social-Media Platforms, Wall Street Journal
• Court Rules in Favor of Texas Law on Social Media Regulation, AP News
• Meta Antitrust Suit Should Be Reinstated on Appeal, States Argue, Bloomberg
• Lawmakers Grill TikTok Executive About Ties to China, New York Times
• Biden to Hit China with Broader Curbs on US Chip and Tool Exports - Sources, Reuters
• Biden to Sign Order Blocking Chinese Investment in US Tech, The Hill
• Budding Netflix-Slayers Need a Plan B, Washington Post
• How State Attorneys General are Leading the Fight Against Big Tech, The Hill
• Removing One Regulation Let an Entrepreneur Follow Her Dream, Real Clear Policy

Transportation & Infrastructure

• FAA Rejects Airline’s Request to Reduce Pilot Time Requirement amid Hiring Issues, The Hill
• Warren Urges DOT to Block JetBlue’s $3.8 Billion Spirit Deal, Bloomberg
• Airline Made a Bid to Reduce Flight Hours Required for New Pilots. FAA Rejects it, NPR

Education

• Student Loan Subsidies Could Have Dangerous, Unintended Side Effects, New York Times
• Virginia Policy Latest Attempt to Restrict Rights of Transgender Students, Washington Post
• Virginia has Moved to Restrict the Rights of Trans Students in its Public Schools, NPR
• New York Approves New Private School Regulations, NPR