Week in Review

IN THE NEWS

• President Donald J. Trump issued an executive order raising the fee for H-1B visas to $100,000. Previously, total application fees ranged from $2,000 to $5,000. The H-1B program allows skilled foreign workers to immigrate and fill labor shortages in speciality occupations, with 60 percent of current recipients employed in technology-related positions. The executive order restricts applications that do not include the one-time $100,000 payment, unless the Department of Homeland Security determines that the applicant’s work is “in the national interest and does not pose a threat to the security or welfare of the United States.” The change does not apply to pending or approved H-1B visas, and does not impact current visa holders.
• A Centers for Disease Control and Prevention (CDC) advisory panel voted to withdraw its prior recommendation that all individuals aged 6 months and older receive annual COVID-19 vaccinations. The panel instead endorsed a personal-choice approach and declined to require a prescription. The decision follows the U.S. Food and Drug Administration’s narrowing of vaccine authorization to older adults and those with underlying conditions. Although the CDC’s recommendations are not mandates, they influence insurance coverage and state vaccination policies. Public and private insurers reportedly will continue to cover COVID-19 vaccines through at least 2026.
• President Trump issued an executive order establishing the “Gold Card” program, which eases immigration requirements for “successful entrepreneurs, investors, and businessmen and women.” The “Gold Card” allows foreign nationals to obtain permanent residence through an expedited process once they donate $1 million to the U.S. Department of Commerce. The “Corporate Gold Card” allows corporations to sponsor employees for permanent residency that becomes transferable between employees, for a donation of $2 million. The Administration also announced a forthcoming “Platinum Card,” which will permit foreign nationals to spend up to 270 days per year in the United States, without incurring domestic taxes on foreign income.
• An internal memorandum from the Office of Management and Budget directed federal agencies to consider reduction-in-force (RIF) procedures in addition to furloughing federal employees in the event of a government shutdown on October 1, due to a lapse in funding for the new fiscal year. A furlough places non-essential federal employees on unpaid leave, but allows them to return to work and receive backpay. An RIF procedure permanently terminates employees and eliminates their positions. The memorandum cited Democrat demands for “$1 trillion in new spending” and stated that any employees of unfunded programs “not consistent with the President’s priorities” could be subject to RIF procedures. House Democratic Leader Hakeem Jeffries and Senate Democratic Leader Chuck Schumer insisted they are willing to meet and negotiate on funding for health care to prevent a shutdown.
• The U.S. Department of War, formerly the Department of Defense, announced rules requiring journalists to sign a pledge not to publish “unauthorized” information about the U.S. military. Under the policy, reporters risk losing press credentials if they disclose even unclassified information without approval from a designated official. The memo also restricts journalists’ access within the Pentagon by making large portions of the building off-limits without escorts. Secretary of War Pete Hegseth defended the policy as a matter of national security, while the Freedom of the Press Foundation—a nonprofit that advocates for press freedom rights—reportedly warned that the policy amounts to a “prior restraint” on speech in violation of U.S. Supreme Court precedent.
• The Consumer Financial Protection Bureau (CFPB) halted its enforcement actions against Apple and U.S. Bank, terminating consent orders against each company that would have required stricter oversight for several more years. The CFPB previously found violations by Apple, for misleading advertising and failure to respond to customer disputes, and by U.S. Bank, for preventing eligible debit card holders from accessing unemployment benefits. After Apple paid $25 million and U.S. Bank paid $15 million respectively in civil penalties, and U.S. Bank provided further redress to affected customers, the CFPB terminated both consent orders. These early terminations follow a broader Trump-era pattern of relaxing scrutiny on consumer finance under Acting Director Russ Vought.
• The U.S. Food and Drug Administration (FDA) initiated the approval process for leucovorin, an oral medicine that treats cerebral folate deficiency symptoms. The drug addresses a brain condition that may be associated with developmental delays, autistic features, movement and coordination issues, and seizures. This action followed a Monday announcement by President Trump and Health Secretary Robert F. Kennedy, who unveiled “bold new actions” on autism. FDA plans to broaden the drug’s label in a push to repurpose approved medicines for chronic conditions. Scientists reportedly said leucovorin may help some patients but emphasized that the evidence is limited and more research is needed.
• The U.S. Food and Drug Administration granted accelerated approval to Forzinity—elamipretide injections marking the first treatment for Barth syndrome, a rare mitochondrial disease. Forzinity is indicated to improve muscle strength by binding to the inner mitochondria to improve structure and function. FDA granted accelerated approval subject to further trials, on the basis that the drug improved recipients’ knee strength, suggesting likely benefits for movement problems. Reenie McCarthy, CEO of Stealth BioTherapeutics, said the approval “is a pivotal victory for the Barth syndrome community.” Patient advocates noted that only about half of diagnosed individuals survive long enough to reach the weight of 30 kilograms required for the drug, and Stealth says it will work with FDA to collect data and seek broader labeling.

WHAT WE’RE READING THIS WEEK

• A recent report by the U.S. Government Accountability Office (GAO) examined the closures of five urban hospitals between 2022 and 2023. The report found that each hospital experienced years of financial decline, often due to low patient volume, aging infrastructure, and weak management. GAO reported that after the closures, nearby hospitals sometimes absorbed patients, but in several cases communities lost access to emergency and inpatient services altogether. GAO noted that residents in affected areas—many facing high rates of poverty and low rates of insurance coverage—continue to experience barriers such as limited transportation and inadequate access to primary care.
• In a recent article by the Hutchins Center on Fiscal and Monetary Policy at the Brookings Institution, David N. Schleicher, the Walter E. Meyer Professor of Property and Urban Law at Yale Law School, argued that a national priority list for public infrastructure projects could channel expertise, overcome regulatory hurdles, and decrease financing costs. Schleicher analyzed the regulatory, political, and planning problems that delay infrastructure projects. He proposed that Congress create a priority list to apply federal expertise and offer tailored regulatory exemptions for urgent projects. Schleicher also argued in favor of funding projects with Build America Bonds, which are federal tax-exempt and qualified tax credit bonds that have greater market demand than tax-exempt municipal bonds. He concluded that a national priority list could help address the infrastructure backlog and prompt broader policy reforms.
• In a recent report, the U.S. Government Accountability Office (GAO) examined the Nuclear Regulatory Commission’s (NRC) oversight of nuclear power plant safety. GAO found that NRC relies on its Reactor Oversight Process, which tracks color-coded performance indicators—such as unplanned shutdowns and worker radiation exposure—and uses inspections to gauge safety significance. The report showed that 91 of 94 reactors were operated within expected safety margins and received standard oversight. The report also noted that NRC uses financial information at initial licensing but generally does not collect or use it for ongoing safety oversight, though the agency can request additional information if financial conditions raise safety questions. GAO noted that there is an ongoing NRC rulemaking process intended to develop a risk-informed, technology-inclusive framework for advanced reactors that may revise how financial qualifications are addressed.

EDITOR’S CHOICE

• In an essay in The Regulatory Review, Peter M. Shane, law professor at New York University School of Law, argued that the U.S. Supreme Court’s decision in Trump v. United States elevates the presidency “above the law.” Shane warned that the Court’s new three-tier framework for presidential immunity not only shields official presidential acts from scrutiny, but also bars courts from examining motive, creating a broad zone of impunity. Shane contended that by treating even presidential interference with the Justice Department as categorically immune, the Court undermines checks from Congress and the judiciary and risks entrenching a more unaccountable presidency. Echoing the dissenters in the case, Shane cautioned that the decision carves out a dangerous “law-free zone” for future presidents.