Regulatory Transactions

From: The National Law Review

Emerging Technologies Update

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

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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.

From: Modern Healthcare

By Susannah Luthi

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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.

From: JDSupra

U.S. Citizenship and Immigration Services (USCIS) sent a proposed H-1B registration rule to the Office of Management and Budget for review, signaling that it plans to move quickly to implement its plan to reform the so-called “H-1B Lottery” and suggesting the new rule may be in place in time for the 2019 filing season that begins on April 1.

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From: HR DIVE

Kate Tornone

Dive Brief:

• A new overtime rule proposal is heading to the the White House’s Office of Management and Budget (OMB) for review, according to multiple sources.
• OMB’s regulatory office has no deadline by which it must review the U.S. Department of Labor’s (DOL) rule but the move indicates that a Notice of Proposed Rulemaking (NPRM) will be published for public comment in the near future, according to Fortney & Scott, one of the law firms reporting the submission.

From: Politico | Morning Tax

By BERNIE BECKER

With help from Toby Eckert

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The TCJA angle: Treasury and the IRS are still circulating tax law regulations, in no small part because a budget deal last year ensured there was a designated funding stream for TCJA implementation. And as Tax Notes’ Jonathan Curry notes, tax rules won’t get stuck in the hopper at the White House Office of Management and Budget, despite the fact that OMB is running on a shoestring staff.

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