This document provides a summary of legislative and regulatory activities across various policy areas for the week of June 3, 2013. Key items include:
- The Senate will continue consideration of the Farm Bill this week, with votes expected on amendments related to alfalfa crop insurance and food aid.
- The House will consider several appropriations bills this week, including the Military Construction-Veterans Affairs appropriations bill.
- Hearings will be held related to cybersecurity, defense budgets, education, energy policy and the environment.
- Discussions will continue around student loan interest rates, hydraulic fracturing regulations, and offshore energy development.
This document provides a summary of legislative activity in Congress for the week of July 22, 2013. It covers developments in various policy areas including the farm bill, appropriations bills, cybersecurity legislation, and hearings scheduled. The Senate is expected to take up the transportation appropriations bill this week but there may be a budget point of order raised. The House will consider the defense appropriations bill but there are disagreements over amendments. In cybersecurity, a Senate committee plans to mark up a bipartisan bill by the end of the month focusing on NIST coordination and workforce issues.
The document provides a summary of legislative activities in the United States Congress for the week of July 29, 2013. In the Senate, cloture was filed on several nominations including the nomination of James Comey as FBI Director. The Senate also passed a bill tying student loan interest rates to Treasury rates. In the House, the agenda for the week includes consideration of an appropriations bill and several other pieces of legislation under suspension of the rules. The document also summarizes legislative activities relating to various policy areas such as agriculture, budget, cybersecurity, and defense.
The House and Senate will be in session this week considering various bills and resolutions. The House will consider legislation redesignating NASA facilities and an academic competition resolution. It will also consider the Violence Against Women Reauthorization Act. The Senate will consider the nomination of Robert Bacharach to be a federal circuit court judge. Barring congressional action, $85 billion in automatic spending cuts (sequestration) will go into effect on March 1st, with various agency impacts. Political negotiations continue over a potential agreement to avoid or replace sequestration.
This document provides a summary of legislative and regulatory activities related to defense issues:
- The Senate Armed Services Committee filed its version of the FY2014 National Defense Authorization Act and hopes to bring it to the Senate floor in July. The Senate Appropriations Committee passed its Military Construction-Veterans Affairs appropriations bill.
- Issues being discussed include security clearances, the situations in Syria and Afghanistan, and potential new arms control negotiations with Russia.
- Regulatory actions include removing the contract value limit for set-asides to women-owned small businesses and establishing minimum standards for private security contractors overseas. Hearings will cover the Coast Guard's needs and the renewable fuel standard.
The House will meet today to consider legislation allowing the use of Capitol grounds for memorial events and postponing votes until 6:30pm. On Tuesday and the rest of the week, the House will consider the FY2014 budget and funding committee expenses. The Senate will continue considering the FY2013 continuing resolution to fund the government through September, aiming to send an amended bill back to the House this week before recess.
The document provides details on legislative activities scheduled for the House and Senate for the current week. It summarizes bills under consideration, including continuing appropriations legislation, and budget resolutions expected to be debated.
The document summarizes the House and Senate schedules and legislative activities for the week of April 15, 2013. The House will consider several bills under suspension of the rules related to government oversight and accountability. The Senate will discuss immigration reform and hold hearings on the issue. Both chambers will hold hearings on the FY2014 budgets for various federal agencies as they begin the appropriations process.
This document provides a summary of legislative and regulatory activities from the week of April 22, 2013 related to various policy areas such as agriculture, budget, cybersecurity, defense, energy, environment, financial services, health care, homeland security, and international affairs. Key events included House passage of several cybersecurity bills, upcoming Senate hearings on immigration reform and the farm bill, and EPA reporting on greenhouse gas emissions.
The House and Senate will be in session this week before the August recess. The House will consider several bills under suspension of the rules on Tuesday, including legislation related to federal employee taxes, presidential appointments, Thrift Savings Fund levies, government charge cards, national parks, and other issues. On Wednesday and later in the week, the House will consider bills extending the 2008 Farm Bill and various tax bills. The Senate will consider the nomination of a circuit court judge on Monday and continue debating cybersecurity legislation this week. Both chambers aim to begin their August recess next week.
This document provides a summary of legislative activity in Congress for the week of July 22, 2013. It covers developments in various policy areas including the farm bill, appropriations bills, cybersecurity legislation, and hearings scheduled. The Senate is expected to take up the transportation appropriations bill this week but there may be a budget point of order raised. The House will consider the defense appropriations bill but there are disagreements over amendments. In cybersecurity, a Senate committee plans to mark up a bipartisan bill by the end of the month focusing on NIST coordination and workforce issues.
The document provides a summary of legislative activities in the United States Congress for the week of July 29, 2013. In the Senate, cloture was filed on several nominations including the nomination of James Comey as FBI Director. The Senate also passed a bill tying student loan interest rates to Treasury rates. In the House, the agenda for the week includes consideration of an appropriations bill and several other pieces of legislation under suspension of the rules. The document also summarizes legislative activities relating to various policy areas such as agriculture, budget, cybersecurity, and defense.
The House and Senate will be in session this week considering various bills and resolutions. The House will consider legislation redesignating NASA facilities and an academic competition resolution. It will also consider the Violence Against Women Reauthorization Act. The Senate will consider the nomination of Robert Bacharach to be a federal circuit court judge. Barring congressional action, $85 billion in automatic spending cuts (sequestration) will go into effect on March 1st, with various agency impacts. Political negotiations continue over a potential agreement to avoid or replace sequestration.
This document provides a summary of legislative and regulatory activities related to defense issues:
- The Senate Armed Services Committee filed its version of the FY2014 National Defense Authorization Act and hopes to bring it to the Senate floor in July. The Senate Appropriations Committee passed its Military Construction-Veterans Affairs appropriations bill.
- Issues being discussed include security clearances, the situations in Syria and Afghanistan, and potential new arms control negotiations with Russia.
- Regulatory actions include removing the contract value limit for set-asides to women-owned small businesses and establishing minimum standards for private security contractors overseas. Hearings will cover the Coast Guard's needs and the renewable fuel standard.
The House will meet today to consider legislation allowing the use of Capitol grounds for memorial events and postponing votes until 6:30pm. On Tuesday and the rest of the week, the House will consider the FY2014 budget and funding committee expenses. The Senate will continue considering the FY2013 continuing resolution to fund the government through September, aiming to send an amended bill back to the House this week before recess.
The document provides details on legislative activities scheduled for the House and Senate for the current week. It summarizes bills under consideration, including continuing appropriations legislation, and budget resolutions expected to be debated.
The document summarizes the House and Senate schedules and legislative activities for the week of April 15, 2013. The House will consider several bills under suspension of the rules related to government oversight and accountability. The Senate will discuss immigration reform and hold hearings on the issue. Both chambers will hold hearings on the FY2014 budgets for various federal agencies as they begin the appropriations process.
This document provides a summary of legislative and regulatory activities from the week of April 22, 2013 related to various policy areas such as agriculture, budget, cybersecurity, defense, energy, environment, financial services, health care, homeland security, and international affairs. Key events included House passage of several cybersecurity bills, upcoming Senate hearings on immigration reform and the farm bill, and EPA reporting on greenhouse gas emissions.
The House and Senate will be in session this week before the August recess. The House will consider several bills under suspension of the rules on Tuesday, including legislation related to federal employee taxes, presidential appointments, Thrift Savings Fund levies, government charge cards, national parks, and other issues. On Wednesday and later in the week, the House will consider bills extending the 2008 Farm Bill and various tax bills. The Senate will consider the nomination of a circuit court judge on Monday and continue debating cybersecurity legislation this week. Both chambers aim to begin their August recess next week.
The House will meet on February 4th to consider three bills under suspension of the rules. Votes will be postponed until 6:30pm. The Senate will meet to resume consideration of the Violence Against Women Act. The document also provides summaries of legislative activity regarding the debt ceiling, immigration reform, competitive foods regulations, the federal budget and sequestration, cybersecurity, and energy taxes and regulatory hearings.
The document summarizes legislative activity in Congress during the week leading up to Christmas regarding the fiscal cliff negotiations and other issues. It notes that the House pulled a tax bill from consideration due to lack of Republican support. It also discusses upcoming Senate sessions and the President calling for a tax cut extension for those under $200k/$250k. Other topics covered include agriculture, appropriations, energy, and financial services.
The House will consider several bills under suspension of rules on Tuesday, July 17, including bills on levee construction, terrorist designations, foreign aid appropriations, US-Israel security cooperation, and insular areas. On Wednesday and the rest of the week, the House will consider bills on sequestration transparency and Department of Defense appropriations. The Senate will consider the nomination of a federal judge on Monday and is scheduled to discuss protecting the electric grid from cyberattacks on Tuesday.
The House will meet on Monday July 23rd at 2pm to consider several pieces of legislation under suspension of the rules. From Tuesday July 24th through the rest of the week, the House will consider bills relating to the Federal Reserve, family farms, trade agreements, offshore drilling, and reducing red tape for small businesses. The Senate will meet on Monday at 2pm to consider the nomination of Michael Shipp to be a US District Judge for New Jersey.
The document outlines the House GOP's summer legislative agenda as detailed by Majority Leader Eric Cantor in a May 2012 memo. Key bills to be voted on include FDA reform, military construction funding, intelligence authorization, medical device tax repeal, and repealing over-the-counter bans for HSAs/FSAs. After July 4th, votes are scheduled on regulatory freeze legislation, midnight rule relief, auditing the Fed, postal reform, and relief for imported plants. Before the August recess, a vote is expected on preventing expiration of Bush-era and stimulus tax cuts.
Fisc usg motion to resume bulk data spyingAnonDownload
This document is the United States' response to a motion opposing the government's request to resume bulk data collection under Section 215 of the Patriot Act for a 180-day transition period. The response argues that Section 215, as amended by the USA FREEDOM Act, authorizes the Foreign Intelligence Surveillance Court to approve the bulk production of call detail records for 180 days as the government transitions to the new targeted production procedures under the USA FREEDOM Act. The response also argues this bulk collection is consistent with the Fourth Amendment.
The document discusses Utah's Government Records Access and Management Act (GRAMA), which aims to balance public access to government records with privacy rights. GRAMA covers the intent, scope, and exceptions of the law, and classifies records as either public, private, controlled, or protected - with different access rules for each classification. Restricted record types include medical records, employment records containing personal details, records involving individual finances, and records where disclosure could harm commercial interests or give an unfair advantage.
Analytical review of regional housing programs for IDPsDonbassFullAccess
This document provides an analytical review of regional housing programs for internally displaced persons (IDPs) in Ukraine from June to August 2018. It summarizes 10 regional housing programs across various oblasts (regions) of Ukraine and analyzes their availability and effectiveness in resolving housing issues for IDPs. The document also outlines two nationwide housing programs that provide some opportunities for IDPs to access housing but have limited overall impact due to their broader focus beyond just IDPs. Recommendations are provided to improve housing support for the large number of IDPs in Ukraine.
This document provides a report on a resolution to bring two bills to a vote in the House of Representatives. The resolution provides structured rules for debating and voting on the Cyber Intelligence Sharing and Protection Act (CISPA), allowing for amendments, and the Interest Rate Reduction Act. It also allows for consideration of other cybersecurity bills and appropriations measures. The report explains the resolution's provisions, waivers of procedural rules, and 13 amendments allowed for CISPA concerning its scope, privacy protections, and definitions.
Legal process that allows the federal government to take “ill gotten gains” from the defendant.
Inserted into numerous federal statutes and is mandatory for over 200 federal crimes.
Gross Proceeds at time of commission of the offense may be forfeitable.
Process begins immediately after sentencing.
Proceeds go to government, not victim.
This document outlines a final rule issued by the Information Security Oversight Office (ISOO) to update guidance for classifying, safeguarding, and declassifying national security information, as directed by Executive Order 12958. The rule updates Directive No. 1 to incorporate changes from Executive Order 13292. It provides guidance to agencies on classification standards, identification and markings, declassification, safeguarding classified information, self-inspections, security education and training, and definitions. The rule is effective immediately to assist agencies in implementing the revised Executive Order.
This document provides information about Senator Jennifer Fielder and Senate Joint Resolution 15 (SJ-15), which conducted a legislative study of federal land management in Montana. Some key points:
- Senator Fielder is from Montana and chairs SJ-15, which had strong bipartisan support.
- SJ-15 found that federal lands make up over 27 million acres in Montana and that federal funding and management of these lands is inadequate, jeopardizing environmental, economic, and social factors.
- A county survey conducted for SJ-15 showed widespread concerns about issues like wildfires, access restrictions, and payments to counties being too low to make up for non-taxable federal lands.
The document discusses recent legislative activity in Congress and regulatory actions by federal agencies. It covers topics such as the fiscal cliff negotiations, defense appropriations, agriculture issues including a potential one-year farm bill extension, education reforms, and energy policies including a natural gas export study. Upcoming hearings are also noted on various topics.
The document summarizes recent developments in criminal antitrust enforcement. It discusses fines and sentencing for price fixing in various industries such as electronic books, health care, freight forwarding, and LCD panels. Regulators have increased litigation efforts and obtained convictions and sizable fines in recent cases, showing a stronger commitment to deterring anticompetitive conduct through criminal prosecution.
New Tax Regulations Seek to Ameliorate Harsh Effects of Commercial Activity L...Patton Boggs LLP
The proposed regulations seek to clarify and expand the section 892 tax exemption for certain income received by foreign governments. Specifically, the regulations address issues related to the "commercial activity limitation," which previously resulted in controlled entities forfeiting the entire exemption if engaging in any commercial activity. The key changes include: 1) classifying investments and trading in financial instruments as non-commercial activities; 2) clarifying that the nature, not purpose, of an activity determines if it's commercial; and 3) providing that disposing of U.S. real property will not alone constitute a commercial activity. The regulations aim to ameliorate the harsh effects of the previous all-or-nothing approach to commercial activities under the exemption.
The document summarizes recent developments in the telecommunications industry from the July 2012 FCC open meeting and other sources. Key topics discussed include:
1) New mapping tools and broadband technologies presented at the FCC meeting.
2) Items tentatively scheduled for the August FCC meeting regarding cable rules and wireless backhaul.
3) Requirements for television stations to post public files online beginning in August 2012.
3) Interoperability standards transmitted from the FCC to FirstNet for the nationwide public safety broadband network.
In A Decision with Potential Widespread Impact, The Supreme Court Holds That ...Patton Boggs LLP
The Supreme Court unanimously ruled that two patents claiming methods of personalized pharmaceutical dosing were not patentable. The patents at issue claimed processes for administering thiopurine drugs to treat autoimmune diseases, testing drug metabolite levels, and correlating metabolite levels to drug dosing. The Court held that drug metabolism and the correlation between metabolite levels and drug dosing were unpatentable natural laws. Additional claim limitations were insufficient to transform the natural laws into patentable processes. This ruling impacts thousands of patents on diagnostic tests used to determine diseases and potential treatments.
This newsletter provides summaries of recent reinsurance cases:
1) The US Supreme Court clarified that arbitrators have broad authority to interpret contracts and their decisions should not be overturned even if their interpretation is incorrect, as long as they construed the contract.
2) A California court ordered parties to complete their arbitrator selection process and let the panel decide issues of consolidation and contractual provisions, rather than the court making those decisions.
3) A Connecticut court compelled arbitration in a fronting dispute, finding the reinsurer agreed to arbitrate based on references to underlying reinsurance agreements in an assumption agreement.
The newsletter also provides brief summaries of several other reinsurance court cases.
"Advance Australia Fair" - The Australian Federal Election 2013Patton Boggs LLP
This document summarizes the key issues of the upcoming Australian federal election on September 7, 2013. It outlines the stances of the ruling Labour Party and opposition Liberal National Coalition on climate change, the economy, national security, and asylum seekers. On climate change, Labour supports moving to an emissions trading scheme while the Coalition prefers "direct action." Both parties aim to reduce carbon emissions by 5% by 2020 but the Coalition has made no commitments beyond that. The economy and returning the budget to surplus are also major issues. National security policies focus on continued US defense cooperation and engagement in the Indian Ocean region. The parties differ on their approaches to offshore processing of asylum seekers.
The Senate will convene on January 28 at 2:00 p.m. to begin consideration of the Hurricane Sandy Emergency Supplemental Appropriations bill. The House will meet in a pro forma session on January 29 at 1:00 p.m. The document also provides updates on legislative activities related to the farm bill, SNAP funding, immigration reform, and commodity futures trading, as well as an upcoming hearing on reauthorizing the Commodity Futures Trading Commission. It includes contact information for questions.
CFTC and SEC: Joint Final Rule Defining Dealers and Major Participants Patton Boggs LLP
The SEC and CFTC released a joint final rule defining key terms related to swap dealers and major participants. The rule defines "swap dealer," "security-based swap dealer," "major swap participant," and "major security-based swap participant." It also defines the de minimis exception threshold for determining when an entity would be considered a swap or security-based swap dealer. The rule provides guidance on how to determine if an entity's activities would cause it to meet the definition of a dealer or major participant. It also establishes a $3 billion de minimis threshold for security-based swap dealing activity involving credit default swaps.
This document analyzes President Obama's FY2014 budget proposal, focusing on funding and policy priorities. It provides a high-level summary of the budget's proposals in various areas including agriculture, nutrition programs, food safety, cybersecurity, defense, education, employment, energy, financial services, health, homeland security, housing, international programs, law enforcement, manufacturing, telecommunications, transportation, and taxes. The analysis highlights relevant funding levels, impacts, and prospects for congressional action. Specific funding amounts and policy priorities are outlined for the Department of Agriculture, Food and Drug Administration, and other agencies.
The House will meet on February 4th to consider three bills under suspension of the rules. Votes will be postponed until 6:30pm. The Senate will meet to resume consideration of the Violence Against Women Act. The document also provides summaries of legislative activity regarding the debt ceiling, immigration reform, competitive foods regulations, the federal budget and sequestration, cybersecurity, and energy taxes and regulatory hearings.
The document summarizes legislative activity in Congress during the week leading up to Christmas regarding the fiscal cliff negotiations and other issues. It notes that the House pulled a tax bill from consideration due to lack of Republican support. It also discusses upcoming Senate sessions and the President calling for a tax cut extension for those under $200k/$250k. Other topics covered include agriculture, appropriations, energy, and financial services.
The House will consider several bills under suspension of rules on Tuesday, July 17, including bills on levee construction, terrorist designations, foreign aid appropriations, US-Israel security cooperation, and insular areas. On Wednesday and the rest of the week, the House will consider bills on sequestration transparency and Department of Defense appropriations. The Senate will consider the nomination of a federal judge on Monday and is scheduled to discuss protecting the electric grid from cyberattacks on Tuesday.
The House will meet on Monday July 23rd at 2pm to consider several pieces of legislation under suspension of the rules. From Tuesday July 24th through the rest of the week, the House will consider bills relating to the Federal Reserve, family farms, trade agreements, offshore drilling, and reducing red tape for small businesses. The Senate will meet on Monday at 2pm to consider the nomination of Michael Shipp to be a US District Judge for New Jersey.
The document outlines the House GOP's summer legislative agenda as detailed by Majority Leader Eric Cantor in a May 2012 memo. Key bills to be voted on include FDA reform, military construction funding, intelligence authorization, medical device tax repeal, and repealing over-the-counter bans for HSAs/FSAs. After July 4th, votes are scheduled on regulatory freeze legislation, midnight rule relief, auditing the Fed, postal reform, and relief for imported plants. Before the August recess, a vote is expected on preventing expiration of Bush-era and stimulus tax cuts.
Fisc usg motion to resume bulk data spyingAnonDownload
This document is the United States' response to a motion opposing the government's request to resume bulk data collection under Section 215 of the Patriot Act for a 180-day transition period. The response argues that Section 215, as amended by the USA FREEDOM Act, authorizes the Foreign Intelligence Surveillance Court to approve the bulk production of call detail records for 180 days as the government transitions to the new targeted production procedures under the USA FREEDOM Act. The response also argues this bulk collection is consistent with the Fourth Amendment.
The document discusses Utah's Government Records Access and Management Act (GRAMA), which aims to balance public access to government records with privacy rights. GRAMA covers the intent, scope, and exceptions of the law, and classifies records as either public, private, controlled, or protected - with different access rules for each classification. Restricted record types include medical records, employment records containing personal details, records involving individual finances, and records where disclosure could harm commercial interests or give an unfair advantage.
Analytical review of regional housing programs for IDPsDonbassFullAccess
This document provides an analytical review of regional housing programs for internally displaced persons (IDPs) in Ukraine from June to August 2018. It summarizes 10 regional housing programs across various oblasts (regions) of Ukraine and analyzes their availability and effectiveness in resolving housing issues for IDPs. The document also outlines two nationwide housing programs that provide some opportunities for IDPs to access housing but have limited overall impact due to their broader focus beyond just IDPs. Recommendations are provided to improve housing support for the large number of IDPs in Ukraine.
This document provides a report on a resolution to bring two bills to a vote in the House of Representatives. The resolution provides structured rules for debating and voting on the Cyber Intelligence Sharing and Protection Act (CISPA), allowing for amendments, and the Interest Rate Reduction Act. It also allows for consideration of other cybersecurity bills and appropriations measures. The report explains the resolution's provisions, waivers of procedural rules, and 13 amendments allowed for CISPA concerning its scope, privacy protections, and definitions.
Legal process that allows the federal government to take “ill gotten gains” from the defendant.
Inserted into numerous federal statutes and is mandatory for over 200 federal crimes.
Gross Proceeds at time of commission of the offense may be forfeitable.
Process begins immediately after sentencing.
Proceeds go to government, not victim.
This document outlines a final rule issued by the Information Security Oversight Office (ISOO) to update guidance for classifying, safeguarding, and declassifying national security information, as directed by Executive Order 12958. The rule updates Directive No. 1 to incorporate changes from Executive Order 13292. It provides guidance to agencies on classification standards, identification and markings, declassification, safeguarding classified information, self-inspections, security education and training, and definitions. The rule is effective immediately to assist agencies in implementing the revised Executive Order.
This document provides information about Senator Jennifer Fielder and Senate Joint Resolution 15 (SJ-15), which conducted a legislative study of federal land management in Montana. Some key points:
- Senator Fielder is from Montana and chairs SJ-15, which had strong bipartisan support.
- SJ-15 found that federal lands make up over 27 million acres in Montana and that federal funding and management of these lands is inadequate, jeopardizing environmental, economic, and social factors.
- A county survey conducted for SJ-15 showed widespread concerns about issues like wildfires, access restrictions, and payments to counties being too low to make up for non-taxable federal lands.
The document discusses recent legislative activity in Congress and regulatory actions by federal agencies. It covers topics such as the fiscal cliff negotiations, defense appropriations, agriculture issues including a potential one-year farm bill extension, education reforms, and energy policies including a natural gas export study. Upcoming hearings are also noted on various topics.
The document summarizes recent developments in criminal antitrust enforcement. It discusses fines and sentencing for price fixing in various industries such as electronic books, health care, freight forwarding, and LCD panels. Regulators have increased litigation efforts and obtained convictions and sizable fines in recent cases, showing a stronger commitment to deterring anticompetitive conduct through criminal prosecution.
New Tax Regulations Seek to Ameliorate Harsh Effects of Commercial Activity L...Patton Boggs LLP
The proposed regulations seek to clarify and expand the section 892 tax exemption for certain income received by foreign governments. Specifically, the regulations address issues related to the "commercial activity limitation," which previously resulted in controlled entities forfeiting the entire exemption if engaging in any commercial activity. The key changes include: 1) classifying investments and trading in financial instruments as non-commercial activities; 2) clarifying that the nature, not purpose, of an activity determines if it's commercial; and 3) providing that disposing of U.S. real property will not alone constitute a commercial activity. The regulations aim to ameliorate the harsh effects of the previous all-or-nothing approach to commercial activities under the exemption.
The document summarizes recent developments in the telecommunications industry from the July 2012 FCC open meeting and other sources. Key topics discussed include:
1) New mapping tools and broadband technologies presented at the FCC meeting.
2) Items tentatively scheduled for the August FCC meeting regarding cable rules and wireless backhaul.
3) Requirements for television stations to post public files online beginning in August 2012.
3) Interoperability standards transmitted from the FCC to FirstNet for the nationwide public safety broadband network.
In A Decision with Potential Widespread Impact, The Supreme Court Holds That ...Patton Boggs LLP
The Supreme Court unanimously ruled that two patents claiming methods of personalized pharmaceutical dosing were not patentable. The patents at issue claimed processes for administering thiopurine drugs to treat autoimmune diseases, testing drug metabolite levels, and correlating metabolite levels to drug dosing. The Court held that drug metabolism and the correlation between metabolite levels and drug dosing were unpatentable natural laws. Additional claim limitations were insufficient to transform the natural laws into patentable processes. This ruling impacts thousands of patents on diagnostic tests used to determine diseases and potential treatments.
This newsletter provides summaries of recent reinsurance cases:
1) The US Supreme Court clarified that arbitrators have broad authority to interpret contracts and their decisions should not be overturned even if their interpretation is incorrect, as long as they construed the contract.
2) A California court ordered parties to complete their arbitrator selection process and let the panel decide issues of consolidation and contractual provisions, rather than the court making those decisions.
3) A Connecticut court compelled arbitration in a fronting dispute, finding the reinsurer agreed to arbitrate based on references to underlying reinsurance agreements in an assumption agreement.
The newsletter also provides brief summaries of several other reinsurance court cases.
"Advance Australia Fair" - The Australian Federal Election 2013Patton Boggs LLP
This document summarizes the key issues of the upcoming Australian federal election on September 7, 2013. It outlines the stances of the ruling Labour Party and opposition Liberal National Coalition on climate change, the economy, national security, and asylum seekers. On climate change, Labour supports moving to an emissions trading scheme while the Coalition prefers "direct action." Both parties aim to reduce carbon emissions by 5% by 2020 but the Coalition has made no commitments beyond that. The economy and returning the budget to surplus are also major issues. National security policies focus on continued US defense cooperation and engagement in the Indian Ocean region. The parties differ on their approaches to offshore processing of asylum seekers.
The Senate will convene on January 28 at 2:00 p.m. to begin consideration of the Hurricane Sandy Emergency Supplemental Appropriations bill. The House will meet in a pro forma session on January 29 at 1:00 p.m. The document also provides updates on legislative activities related to the farm bill, SNAP funding, immigration reform, and commodity futures trading, as well as an upcoming hearing on reauthorizing the Commodity Futures Trading Commission. It includes contact information for questions.
CFTC and SEC: Joint Final Rule Defining Dealers and Major Participants Patton Boggs LLP
The SEC and CFTC released a joint final rule defining key terms related to swap dealers and major participants. The rule defines "swap dealer," "security-based swap dealer," "major swap participant," and "major security-based swap participant." It also defines the de minimis exception threshold for determining when an entity would be considered a swap or security-based swap dealer. The rule provides guidance on how to determine if an entity's activities would cause it to meet the definition of a dealer or major participant. It also establishes a $3 billion de minimis threshold for security-based swap dealing activity involving credit default swaps.
This document analyzes President Obama's FY2014 budget proposal, focusing on funding and policy priorities. It provides a high-level summary of the budget's proposals in various areas including agriculture, nutrition programs, food safety, cybersecurity, defense, education, employment, energy, financial services, health, homeland security, housing, international programs, law enforcement, manufacturing, telecommunications, transportation, and taxes. The analysis highlights relevant funding levels, impacts, and prospects for congressional action. Specific funding amounts and policy priorities are outlined for the Department of Agriculture, Food and Drug Administration, and other agencies.
The House will meet this week to consider several bills under suspension of the rules, including ones relating to flood insurance, the FHA, and permitting candidates to designate funds disbursers after death. The Senate will consider the nomination of Stephanie Rose to be a circuit court judge. Congress has agreed to a 6-month continuing resolution to fund the government through March 2013 at current spending levels to avoid a pre-election fiscal showdown. The Obama administration is expected to issue an executive order on cybersecurity given Congress's failure to pass legislation on the issue.
The House will consider legislation related to the sequestration and continuing appropriations. The House will vote on combining FY2013 defense and military construction spending bills with a six-month continuing resolution for other agencies. The Senate may replace the continuing resolution with an omnibus appropriations bill. Upcoming hearings this week will address the impacts of sequestration on education, the environment, and transportation programs.
Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...Patton Boggs LLP
The document summarizes the recent executive actions taken by the United States and European Union imposing sanctions in response to Russia's annexation of Crimea from Ukraine. It provides details on:
1) The new U.S. Executive Order signed on March 17th authorizing sanctions on senior Russian officials, the Russian arms sector, and those providing support. So far 11 individuals have been sanctioned.
2) The EU publishing a list on March 18th sanctioning 21 Russian and Ukrainian officials, including some also sanctioned by the U.S.
3) The legal implications and scope of sanctions authorized by the new U.S. Executive Order, including asset blocking and visa bans.
Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...Patton Boggs LLP
The U.S. has intensified its response to Russia's actions in Crimea through additional sanctions passed by Congress and issued by President Obama. The House passed legislation authorizing sanctions on those responsible for corruption or undermining Ukraine. President Obama signed an order allowing sanctions on broad sectors of the Russian economy. The U.S. has also frozen export licenses to Russia and designated more individuals under prior orders. Further sanctions may be imposed if Russia takes additional actions in Ukraine.
The State of the Union and The 2012 Presidential ElectionPatton Boggs LLP
The document discusses President Obama's 2012 State of the Union address and the upcoming presidential election. It provides context on the historically unproductive 112th Congress and challenges facing Obama's reelection campaign due to the economy. While the economy shows signs of improvement, unemployment remains high, posing difficulties for Obama similar to those Reagan faced in 1982. However, Obama may follow the models of Clinton in 1996 and Bush in 2004 by focusing on his base and small issues to bolster his candidacy.
President Obama's Action Plan on Climate Change and Its Relevance for Saudi A...Patton Boggs LLP
This document summarizes President Obama's 21-page Action Plan on climate change, which aims to cut US greenhouse gases by 17% below 2005 levels by 2020. It also discusses opportunities for business and industry from the international component of the plan, including financing for carbon abatement projects and income from carbon offsetting. PattonBoggs will be delivering workshops on revenue streams, carbon offsetting, and technologies and innovation to help businesses and governments in the region take advantage of these opportunities.
American University International Law Review Annual Symposium: Managing the G...Patton Boggs LLP
DC Partner Frank Samolis will address participants during a symposium hosted by American University’s Washington College of Law on February 18, 2014. The event will examine issues around international trade and the environment through dialogue on the Trans-Pacific Partnership and Transatlantic Trade and Investment Partnership negotiations, the state of Article XX of the General Agreement on Tariffs and Trade, enforcement mechanisms under regional trade agreements, and potential future means of protecting the environment through International Trade Law Society. Mr. Samolis will serve as a panelist during a discussion on TTP talks and TTIP negotiations at 12:45 p.m. during the symposium.
The House will meet today in a pro forma session with no votes expected. On Tuesday and Wednesday, the House will consider several bills under suspension of the rules and on the House floor. The Senate will consider executive nominations today and a continuing resolution this week that may include some appropriations bills. Hearings are scheduled in both the House and Senate on various topics including cybersecurity, education, defense, and immigration.
The House and Senate will consider several bills this week related to energy, including a bill to approve construction of the Keystone XL pipeline. The Senate Energy Committee will consider President Obama's nomination of Ernest Moniz for Secretary of Energy. Regulatory agencies will hold meetings on issues including offshore safety, smart grids, and hydraulic fracturing research. The State Department will hold a public meeting to discuss the draft supplemental environmental impact statement for the Keystone XL pipeline.
The House document provides information on upcoming legislative business for the week of September 17th. It details bills that will be considered under suspension of the rules in the House on September 19th covering various topics like veterans affairs, taxes, and border security. It also lists bills that will be considered in the House on September 20-21st and in the Senate on September 17th, including a continuing resolution to fund the government.
The House will meet on February 12 for morning hour at 12:00 pm and legislative business at 2:00 pm, recessing by 5:30 pm for a security sweep prior to the President's State of the Union address at approximately 8:35 pm. On February 13-14, the House will meet at 10:00 am for morning hour and 12:00 pm for legislative business, with last votes expected no later than 3:00 pm. The Senate will convene on February 11 at 2:00 pm to consider the Violence Against Women Act. Legislation to be considered in the House includes bills related to hydropower regulation, renewable energy promotion, and support for veteran emergency medical technicians.
The document provides information on legislative activities for the week of July 9, 2012. It summarizes bills scheduled for consideration in the House and Senate that week related to veterans, the farm bill, appropriations, cybersecurity, and education issues. It also outlines regulatory actions and hearings scheduled related to education issues like No Child Left Behind waivers and the gainful employment ruling.
The Congress has recessed for Thanksgiving and is considering whether to pass a five-year Farm Bill or one-year extension during the lame duck session. The Senate Agriculture Committee leadership is also in flux as Senator Cochran reaches out to replace Senator Roberts as Ranking Member. Additionally, the EPA denied waivers to the Renewable Fuel Standard despite recognizing economic hardships caused by drought.
The document provides information on upcoming legislative activities and regulatory actions related to the environment. It notes that the House Science, Space and Technology Committee has created a new Subcommittee on Environment and the House Natural Resources Committee has established a Subcommittee on Public Lands and Environmental Regulation. The EPA has also updated the rule for pathogens in drinking water, setting a limit for E. coli and requiring water systems to notify the public if that limit is exceeded.
The document summarizes various domestic and foreign policy matters from July 20, 2012. On domestic issues, it discusses ongoing congressional debates around the fiscal year 2013 budget and efforts to repeal parts of the Affordable Care Act. It also covers developments regarding sequestration and cybersecurity legislation. On foreign policy, key topics included the ongoing civil war in Syria, tensions with Iran over its nuclear program, a terrorist attack in Bulgaria, and trade relations with Russia.
The document summarizes the key provisions of the Project BioShield Act of 2004 signed into law by President Bush. It authorizes $5.6 billion over 10 years to purchase treatments for bioterror agents. It gives new authorities to expedite research and development of medical countermeasures. It allows emergency use of treatments that lack FDA approval in a crisis.
House Members return to their districts this week while the Senate will not convene until January 21 for Inaugural Ceremonies. Congress passed a fiscal cliff deal negotiated by Biden and McConnell, representing the second step in deficit reduction after the 2011 Budget Control Act. The deal focused on $600 billion in tax increases but Republicans want further entitlement reforms in exchange for raising the debt ceiling. The House and Senate will consider reauthorizing education, workforce, and higher education laws as top priorities for the new Congress.
China's Pursuit of Next Frontier Tech- Computing, Robotics & BiotechnologyDr Dev Kambhampati
The panel discussed China's pursuit of leadership in computing technologies. China has rapidly expanded its high-performance computing capabilities in recent decades, now having the world's two fastest supercomputers. It is also expected to deploy an exascale computer before the United States, which would be ten times faster than the current fastest system. The panel examined China's policies supporting domestic firms and restricting foreign competition to develop its own computing champions. While China is aggressively closing the technology gap, U.S. leadership is not assured given its continued strengths in expertise, research, and innovation if provided the right support. The implications of China's computing ambitions for U.S. economic and national security interests were also assessed.
The summary provides the following key points in 3 sentences:
The House will consider several bills under suspension of the rules on Monday and Tuesday, including bills related to natural gas pipelines in national parks and the redesignation of federal aeronautical facilities. The Senate will consider an emergency supplemental appropriations bill on Monday to provide $60.4 billion in disaster aid. The House schedule for the rest of the week includes consideration of various bills related to small businesses, Medicare, defense authorization, and intercountry adoptions.
Congress returns from summer recess for a pre-election session focused on passing a continuing resolution to fund the government through September 30th and additional funding to combat the Zika virus. The session is expected to be short with little other legislation passed due to the pre-election environment. Both chambers will also discuss tax reform proposals and other health and regulatory issues. The House may consider several bills aimed at reducing regulations before adjourning in late September, while the Senate may take up water resources legislation.
Congress returns from summer recess for a pre-election session focused on passing a continuing resolution to fund the government through September 30th and additional funding to combat the Zika virus. The session is expected to be short with little other legislation passed due to the pre-election environment. Both chambers will also discuss tax reform proposals and other health and regulatory issues. The House may consider several bills aimed at reducing regulations before adjourning in late September, while the Senate may take up water resources legislation.
The document summarizes recent government actions related to freedom of information, whistleblower protections, digital government initiatives, and Government Printing Office appropriations. It outlines bills introduced in Congress to establish a FOIA processing commission, expand whistleblower protections for contractors and congressional employees, and enhance existing whistleblower protections. It also describes the President's new digital government strategy and the House passing a funding bill for the GPO that was less than requested.
CSI 2008, Legal Developments In Security and Privacy Law padler01
The document provides an overview of key developments in security and privacy law from November 2007 to November 2008. It discusses new and proposed federal and state legislation, federal agency rules and guidelines, and agency enforcement actions related to data security and privacy. Key topics covered include proposed amendments to regulations, new data breach notification laws in many states, and emerging state laws requiring businesses to implement data security programs.
- Privacy issues will continue to be a major concern for Congress and the upcoming elections, fueled by increased computer and internet usage. While industry self-regulation was previously preferred, there is now support for more aggressive privacy regulation, especially around financial and medical information.
- The FTC now supports new regulatory powers over companies collecting personal data online, while the Administration focuses on financial and medical privacy. Congress remains reluctant to pass comprehensive privacy laws.
- Several bills have been introduced to address privacy, including establishing a commission to study existing laws and make recommendations, and strengthening protections for financial and medical privacy data. However, opponents argue these approaches could delay needed legislation.
- Privacy issues will continue to be a major concern for Congress and the upcoming elections in the fall. Both the widespread use of computers and the internet have fueled these privacy concerns.
- While Congress is unlikely to pass comprehensive privacy legislation this year, some lawmakers may try to attach privacy provisions to other bills moving through Congress.
- The Federal Trade Commission now supports new regulations for companies collecting personal data online, reversing its previous support for industry self-regulation. However, the Administration and Congress have been reluctant to embrace comprehensive privacy legislation.
This document analyzes affirmative action developments in the United States and Washington State, specifically regarding public contracting. It argues that Initiative 200 (I-200), passed in Washington in 1998, which prohibited preferential treatment based on race, should not be considered an outright ban on affirmative action. While I-200 impacted affirmative action programs, especially in contracting where minority participation dropped significantly, the initiative did not explicitly prohibit all affirmative action. The document calls on lawmakers to move past I-200 and implement meaningful affirmative action policies to provide equal opportunities regardless of race in areas like public contracting.
The document summarizes domestic and foreign policy matters from July 27, 2012. On domestic issues, it discusses negotiations around the fiscal year 2013 budget and efforts to avoid automatic spending cuts. It also covers debates around extending tax cuts and passing a new farm bill. On foreign policy, it provides updates on the conflicts in Syria and Iran's nuclear program. It also notes diplomatic meetings and discussions between U.S. officials and other countries on issues like human rights, trade, and global health initiatives.
Update: Employer Responsibilities Under the Affordable Care ActPatton Boggs LLP
This document summarizes employer responsibilities under the Affordable Care Act that take effect in January 2015. It outlines key timelines employers should be aware of, including penalties for employers with 50 or more full-time employees in 2016. It provides guidance on determining if a company qualifies as a large employer based on number of full-time equivalent employees. It also discusses options for employers who are subject to penalties, such as providing affordable health insurance or paying penalties.
Protecting Patient Information - Feds Find Security Lapses in State and Local...Patton Boggs LLP
This document summarizes two recent announcements from the Department of Health and Human Services highlighting the need for state and local governments to regularly review their policies and procedures for protecting patient health information. An audit found serious cybersecurity lapses in 10 state Medicaid systems, including lack of security plans, encryption of laptops, and disaster recovery testing. Additionally, Skagit County, Washington agreed to a $215,000 settlement for exposing patient information on a public server in violation of privacy and security rules. Both announcements emphasize the importance of risk assessments, administrative and technical safeguards, and compliance with health information privacy laws.
This newsletter provides summaries of recent reinsurance case law and regulatory developments from March 2014. It includes summaries of cases from New York, Tennessee, and California federal courts related to arbitration awards, protected cell reinsurance agreements, preclusion of subsequent arbitrations, and common interest privilege with reinsurers. It also summarizes cases related to tax treatment of retrocessional agreements, dismissal of defenses in a facultative reinsurance dispute, denial of stay in a mortgage reinsurance case, and assumption versus reinsurance.
With increasing demand on limited public resources, national and local governments are recognizing the need for a new approach to social services that emphasizes the identification of effective, innovative ideas. However, a lack of available funding and the reluctance to take on the risk that a promising, but unproven, idea might fail have created obstacles to this new approach. The social impact bond model is designed to eliminate these obstacles.
Supreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent CasesPatton Boggs LLP
The Supreme Court agreed to hear two cases that deal with awarding attorneys' fees in patent cases. In the first case, Octane Fitness v. ICON Health, the Court will consider whether to lower the standard for determining an "exceptional case" in which fees can be awarded. In the second case, Highmark v. Allcare Health, the Court will determine how much deference appellate courts must give to lower court decisions on awarding fees. These rulings could make it easier for prevailing parties to recoup fees and deter patent holders from filing weak infringement claims.
FTC Announces Study of "Patent Assertion Entities"Patton Boggs LLP
The FTC announced it will conduct a study of patent assertion entities (PAEs) by collecting detailed information from 25 PAEs and 15 other companies through its authority under Section 6(b) of the FTC Act. The FTC will seek information about PAE operations, patent acquisitions, assertion activities like litigation and licensing, costs and revenues. Responding companies may be able to keep some information confidential, but it could also be subject to disclosure. The FTC must get approval from the OMB before collecting information and is seeking public comment on the study by December 2nd.
ALJ Ruling on Heart Attack Reporting Requirements Creates Split of AuthorityPatton Boggs LLP
1) An ALJ ruled that an employee's heart attack at a mine did not constitute an "injury" requiring immediate reporting under MSHA regulations, creating a split with previous ALJ decisions.
2) The regulations require immediate reporting of accidents involving injury with a potential for death; the ALJ found a heart attack was an illness, not an injury.
3) However, the ALJ distinguished cases where CPR was required or the victim was unresponsive, requiring immediate reporting in those scenarios still. The full Commission has yet to address this issue definitively.
New TCPA Requirements for "Prior Express Written Consent" Effective October 16Patton Boggs LLP
This document summarizes new requirements under the Telephone Consumer Protection Act (TCPA) for obtaining "prior express written consent" before making telemarketing calls or texts. Beginning October 16, 2013, companies must get written permission that specifically authorizes automated calls or prerecorded messages to wireless or residential lines. The rules also eliminate exceptions for current customers and require consent for each phone number. Violations of the new consent rules could result in substantial damages in consumer lawsuits. Companies are advised to review their practices to ensure compliance.
The U.S. Chemical Safety Board to OSHA: Get to Work on Combustible DustPatton Boggs LLP
The Chemical Safety Board held a meeting on July 25, 2013 where it designated the development of an Occupational Safety and Health Administration (OSHA) standard for combustible dust as its top priority. The Board criticized OSHA for failing to advance this regulatory process since 2009. It deemed OSHA's response to recommendations regarding combustible dust standards as "unacceptable." The alert discusses the implications of this designation, including that it could spur OSHA to resume its rulemaking process for a combustible dust standard, which would impact various industries if finalized.
The Transatlantic Trade and Investment Partnership: The Intersection of the I...Patton Boggs LLP
This document summarizes a client alert from the law firm PattonBoggs regarding the Transatlantic Trade and Investment Partnership (TTIP) negotiations between the EU and US. It notes that digital commerce and data privacy will be key issues discussed, as the EU and US have different approaches to these matters. Specifically, the EU views data privacy as a fundamental right while the US takes a sector-specific approach. Recent NSA surveillance revelations have heightened these differences. The next round of TTIP talks in October will likely start substantive discussions on finding common ground regarding data privacy standards.
The document is a summary of frequently asked questions from the CFTC's cross-border guidance. It defines key terms like U.S. person, foreign branch, and affiliate conduit. For U.S. person, it provides a broad definition that includes natural persons residing in the U.S., entities organized in the U.S., certain trusts, collective investment vehicles majority-owned by U.S. persons, and entities with unlimited liability that are majority-owned by U.S. persons. It also considers factors like a party's connections to U.S. commerce in determining U.S. person status. For foreign branches, it notes they are considered part of the principal U.S. entity but may
Tony Abbott and the conservative National Liberal Coalition secured a landslide victory over the Labor party in Australia's federal election. Abbott stated that Australia is now "under new management and open for business." The Coalition is expected to focus on economic policy, including repealing the carbon tax, increasing infrastructure spending, returning the budget to surplus, and abandoning Labor's emissions trading policy in favor of a direct action climate plan. Julie Bishop will remain as Australian ambassador to the United States, and Kevin Rudd has stepped down as Labor leader.
U.S. Securities and Exchange Commission Proposes New Rule on Pay DisclosurePatton Boggs LLP
The SEC proposed a new rule that would require public companies to disclose the ratio of the compensation of its principal executive officer to the median compensation of all employees. The rule is meant to provide transparency on pay disparity and rein in bloated executive pay. It allows companies flexibility in calculating median pay and identifying employees. Companies can use statistical sampling or other reasonable methods. They can make reasonable estimates and do not need to include contractors. The ratio must be expressed as a ratio or narrative multiple. Companies must disclose their methodology and assumptions. The rule applies to companies already providing executive pay disclosure but provides exemptions for smaller companies.
This document provides answers to legal questions about hotel operations in the Arabian Gulf. It discusses identifying an appropriate hotel operator through comparing terms, conducting due diligence, and ensuring a good relationship fit. It also covers establishing a corporate presence, employing hotel staff, performance requirements, financial safeguards, governing law, and dispute resolution mechanisms. The document was written by lawyers at Patton Boggs LLP who have significant experience advising hotel owners and operators on projects in the region.
Non-Practicing Entity Sued Under RICO for Bringing Allegedly Frivolous Patent...Patton Boggs LLP
The document summarizes a lawsuit filed by FindTheBest.com (FTB) against Lumen View Technology and associated individuals and entities. FTB alleges that Lumen is a non-practicing entity that brings serial patent infringement lawsuits without merit in order to extort settlements. Specifically, FTB claims that Lumen uses threats of expensive litigation and damage to businesses to coerce "licensing fees" from targets even though their technologies do not actually infringe Lumen's patents. FTB sued Lumen under RICO and various state laws, seeking damages and injunctive relief. This type of RICO counterclaim against serial litigators is an emerging strategy in response to allegedly frivolous patent infringement claims.
Eli Lilly Files NAFTA Arbitration Claim Against Canada For Allegedly Discrimi...Patton Boggs LLP
Eli Lilly filed a NAFTA arbitration claim against Canada seeking $500 million in compensation. Lilly alleges that Canadian courts violated NAFTA and other international agreements by invalidating patents on Lilly's Strattera and Zyprexa drugs. Specifically, Lilly argues the courts used new legal standards around demonstrating usefulness that were not previously applied and discriminate against pharmaceutical patents. The arbitration is expected to take two years to resolve before a three-person panel. The case follows a recent decision dismissing a similar claim by a Canadian generic drug company against the United States.
Financial Services in Transatlantic Trade and Investment PartnershipPatton Boggs LLP
The document discusses the inclusion of financial services regulations in the negotiations of the Transatlantic Trade and Investment Partnership (TTIP) between the European Union and United States. While the EU wants financial services to be part of TTIP, the US administration has been hesitant. However, US Congress has pressured the administration to include it. If included, discussions would focus on harmonizing rules in areas like derivatives and capital standards. Private sector involvement could help shape discussions on properly interpreting regulations and their international effects.
President Obama's Action Plan on Climate Change and Its Relevance for the Uni...Patton Boggs LLP
This document summarizes President Obama's Action Plan on climate change and discusses its relevance for the United Arab Emirates. The plan aims to cut US greenhouse gases by 17% below 2005 levels by 2020. It also calls for limits on carbon pollution from power plants and increased investment in clean energy technologies. The plan emphasizes international cooperation on climate finance and promoting renewable energy and resilience. The firm Patton Boggs will offer workshops in the UAE on topics like carbon offsetting and developing additional revenue streams from sustainable projects.
Update: Employer Responsibilities Under the Affordable Care ActPatton Boggs LLP
This document summarizes key aspects of the Affordable Care Act's employer mandate provisions for large employers with 50 or more full-time equivalent employees. It discusses whether a company must provide health insurance, how to determine if the company qualifies as a large employer subject to penalties, and how to calculate potential penalties for non-compliance. It also addresses special considerations for controlled groups of companies and private investment funds.
Employer Responsibilities Under the Affordable Care ActPatton Boggs LLP
This document summarizes an employer alert from the law firm PattonBoggs regarding employer responsibilities under the Affordable Care Act (ACA). It outlines key ACA implementation timelines for employers, explains how to determine if a company qualifies as a "large employer" subject to penalties, and describes how to calculate penalties for employers that do not offer affordable health insurance coverage. It also discusses how these rules apply to private investment funds and their portfolio companies.
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Capital Thinking: Contents
General Legislative .......................................................................................................3
Agriculture and Food....................................................................................................3
Budget and Appropriations..........................................................................................4
Cybersecurity................................................................................................................4
Defense..........................................................................................................................5
Education ......................................................................................................................7
Energy ...........................................................................................................................7
Environment..................................................................................................................9
Financial Services.......................................................................................................10
Health Care..................................................................................................................11
Homeland Security......................................................................................................13
Immigration .................................................................................................................15
International ................................................................................................................16
Tax ...............................................................................................................................19
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General Legislative
The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning
business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that
alfalfa amendment S.A. 987, offered by Senator Jerry Moran (R-KS) and food aid amendment S.A.
1079, offered by Senator Chris Coons (D-DE) will be in order, and that the Senate will proceed to
votes on those amendments at 5:30 pm.
Today, Monday, June 3, the House will meet at 2:00 pm for legislative business, and votes will be
postponed until 6:30 pm. Legislation Considered Under Suspension of the Rules will include: (1)
H.R. 1919 – Safeguarding America’s Pharmaceuticals Act of 2013, as amended; (2) S. 622 – Animal
Drug and Animal Generic Drug User Fee Reauthorization Act of 2013; (3) H.R. 126 – Corolla Wild
Horses Protection Act; (4) H.R. 1206 – Permanent Electronic Duck Stamp Act of 2013; and (5) H.R.
885 – San Antonio Missions National Historic Park Boundary Expansion Act of 2013.
On Tuesday, June 4 and Wednesday, June 5, the House will meet at 10:00 am for morning hour
and 12:00 pm for legislative business. On Thursday, June 6, the House will meet at 9:00 am for
legislative business, and last votes are expected no later than 3:00 pm. On Friday, June 7, no
votes are expected. Also on the House calendar for the week are (1) H.R. 671 – Ruth Moore Act of
2013 (Suspension, 40 minutes of debate); (2) H.R. 2216 – Military Construction and Veterans
Affairs, and Related Agencies Appropriations Act, 2014 (Subject to a Rule); and (3) H.R. 2217 –
Department of Homeland Security Appropriations Act, 2014 (Subject to a Rule).
Agriculture and Food
LEGISLATIVE ACTIVITY
Farm Bill Timeline. The Senate will resume consideration of the Farm Bill (S. 954) today, Monday,
June 3. Two roll call votes are scheduled at 5:30 pm: S.A. 987 (alfalfa crop insurance program) and
S.A. 1079 (food aid). Senate Majority Leader Harry Reid (D-NV), Senate Minority Leader Mitch
McConnell (R-KY), Senate Agriculture Committee Chairwoman Debbie Stabenow (D-MI), and Senate
Agriculture Committee Ranking Member Thad Cochran (R-MS) are expected to unveil an amendment
package today or tomorrow, Tuesday, June 4. A final vote on the Farm Bill could likely take place
later in the week.
The House is expected to consider the Farm Bill on the floor the week of June 17.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Dana Weekes, at 202-457-6307, or dweekes@pattonboggs.com.
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Budget and Appropriations
LEGISLATIVE ACTIVITY
House Appropriations Action. On Friday, May 31, House Majority Leader Eric Cantor (R-VA)
released the House legislative agenda for June which includes consideration of four FY 2014
appropriations bills: Military Construction-Veterans Affairs (MilCon-VA); Homeland Security; Defense;
and Agriculture. The MilCon-VA (H.R. 2216) and Homeland Security (H.R. 2217) bills are both on the
House schedule this week, while the Agriculture and Defense Appropriations Subcommittees will
mark up their bills on Wednesday, June 5.
Anticipated Senate Appropriations Action. Senate Appropriations Chairwoman Barbara Mikulski
(D-MD) intends to release her committee’s 302(b) allocations in the coming weeks and anticipates a
markup of the Military Construction-Veterans Affairs bill in mid-June. In the meantime, the
appropriations subcommittees will continue FY 2014 budget request hearings this week.
Sequestration Amendments. Following the recent emergency legislation that enabled the Federal
Aviation Administration (FAA) to transfer funding within its programs in order to avert furloughs and
prevent the closure of 149 contract towers, lawmakers have been calling for Congress to provide
other agencies similar flexibility. Particularly in the Senate, a number of measures have been
proposed that would give federal agencies varying degrees of flexibility to allocate funds across
budget accounts. None of these proposals have secured sufficient bipartisan support to move forward
as a stand-alone bill, in part because the White House and Democrats continue to push for a full
sequestration replacement package. However, we anticipate that floor amendments will be offered
during House and Senate consideration of FY 2014 appropriations bills.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Pam Welsh, at 202-457-6493 or pwelsh@pattonboggs.com.
Cybersecurity
LEGISLATIVE ACTIVITY
House Homeland Security Committee Legislation. The House Homeland Security Committee is
drafting legislation that will codify the cybersecurity roles and responsibilities of the Department of
Homeland Security (DHS) as well as address other key aspects of cyber. This is the last of the cyber
bills the House is expected to move through the chamber to complete its list of cybersecurity
priorities. The committee is currently working with stakeholders to finalize its draft bill and is expected
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to introduce the bill in the coming weeks. At the same time, the Senate continues to have discussions
with stakeholders and is expected to begin its legislative efforts in earnest in the next few weeks as
well.
Supply Chain Working Group. The House Energy & Commerce Subcommittee on Communications
and Technology recently launched a bipartisan working group focused on securing the components
that make up the communications supply chain. The group will be co-chaired by House Intelligence
Committee Chairman Mike Rogers (R-MI) and Subcommittee Ranking Member Anna Eshoo (D-CA).
The working group will be holding stakeholder outreach meetings to gain an understanding of what
steps can be taken to protect the U.S. telecommunications infrastructure from cyber threats.
EXECUTIVE BRANCH ACTIVITY
U.S. and China Discussions on Cybersecurity. President Barack Obama is scheduled to meet with
China’s President Xi Jinping this week in California to discuss cybersecurity, among other issues.
Last week, a Department of Defense (DOD) Science Board report was leaked to the media that
detailed how Chinese hackers had compromised the blueprints for a large number of critical weapons
systems. While the Pentagon has defended the capabilities of its weapons systems and has taken
steps to protect its resources from cyber criminals, cybersecurity is still a major concern of the Obama
Administration and is likely to be discussed as part of the meetings with President Xi.
NIST Cybersecurity Framework. Last week, the National Institute of Standards and Technology
(NIST) held its second workshop to discuss the “Cybersecurity Framework” that it was tasked with
developing as part of the President’s February Executive Order (EO). NIST will be holding two more
workshops during the weeks of July 15 and September 9 to gather feedback from stakeholders on the
standards for critical infrastructure that will be included in the framework. According to the EO, a draft
version of the framework is due in October and a final version should be released by February 2014.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Norma Krayem, 202-457-5206 or nkrayem@pattonboggs.com; or Amy Davenport, at 202-457-
6528 or adavenport@pattonboggs.com.
Defense
EXECUTIVE AND LEGISLATIVE BRANCH ACTIVITY
Pentagon Budget. This Wednesday, June 5, the House Armed Services Committee will mark up its
version of the National Defense Authorization Act (H.R. 1960). That same day, the House Defense
Appropriations Subcommittee will also mark up, in a closed session, a spending bill for the
Department of Defense (DOD). It is expected the House will largely ignore the spending limits
enacted by the Budget Control Act of 2011, which requires across the board spending cuts.
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While top military officials have been stressing the escalating damage from sequestration to
readiness, such as fighter jets grounded for lack of training and maintenance and ships at anchor,
lawmakers appear willing to wait and watch on whether to rescind the sequester. Currently,
Republicans take the position they will only trade mandatory cuts to additional discretionary cuts and
continue to stand firm against raising taxes. Democrats maintain any deal with the Republicans has to
be 50 percent cuts and 50 percent revenue.
Cybersecurity. Last week the media widely reported on a DOD Science Board report that highlighted
China’s purported access to data from Pentagon weapons programs and other defense technologies.
The Chairman of the Joint Chiefs of Staff is poised to approve new rules empowering the U.S. military
to counter direct cyber attacks. The new cyber rules are expected to be in the Standing Rules of
Engagement (SROE) and will allow the U.S. military to respond quickly and defensively to cyber
attacks, without having to get approval from the National Security Council.
New Proposal on Contractor Executive Compensation Cap. According to a statement last
Thursday, May 30 by Joe Jordan, Administrator of the Office of Federal Procurement Policy (OFPP),
the statutory formula governing the amount of executive compensation government contractors can
claim as reimbursable costs would be repealed under legislation the administration will propose this
week. In lieu of the statutory formula, the proposal would tie the reimbursement cap to the president's
annual salary, currently $400,000. The new cap would apply to all civilian and defense cost-
reimbursement contracts. In accordance with the statutory formula, the compensation cap was
increased to $763,000 for FY 2011 and is set to be increased to more than $950,000 for FY 2012.
This Week’s Hearings:
o Tuesday, June 4: The Senate Armed Services Committee will hold an oversight hearing titled
“Pending Legislation Regarding Sexual Assaults in the Military.”
o Wednesday, June 5: The House Armed Services Committee will hold the full Committee markup
of its National Defense Authorization Act (H.R. 1960). It is open to the public and streamed live
online.
o Wednesday, June 5: The House Appropriations Subcommittee on Defense will mark up a
spending measure for DOD. This hearing is closed to the public.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Stacy Swanson, at 202-457-5627 or sswanson@pattonboggs.com.
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Education
LEGISLATIVE ACTIVITY
Student Loan Interest Rates. As the Senate continues consideration of the Farm Bill, there may be
discussion on an amendment (S.A. 976) that would extend the 3.4 percent fixed student loan interest
rate for two years, although consideration of this issue will likely take place separate from the Farm
Bill. This week, the Senate will likely vote on two student loan interest rate proposals. The first bill
(identical to the Farm Bill amendment) would freeze the 3.4 percent student loan interest rate for two
years in order to force Congress to address the issue during the reauthorization of the Higher
Education Act. The second bill is the House-passed student loan interest rate bill that would create a
market-based variable interest rate and peg it to the 10-year Treasury note. To pass, each bill will
likely require a 60-vote threshold. However, given the stark differences in addressing this issue, both
bills will likely fail, which would place pressure on the Senators to work on a bipartisan solution before
the July 1 deadline.
This Week’s Hearing:
o Tuesday, June 4: The House Science, Space and Technology Committee will hold a hearing
titled "STEM (Science, Technology, Engineering and Math) Education: The Administration's
Proposed Re-Organization." Department officials, including John Holdren, the director of the
Office of Science and Technology Policy, will testify about the Administration’s proposed
reorganization and consolidation of STEM education programs in the FY 2014 Budget.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Amy Budner Smith, at 202.457.6154 or abudnersmith@pattonboggs.com; and Dana Weekes, at
202-457-6307 or dweekes@pattonboggs.com.
Energy
LEGISLATIVE ACTIVITY
This Week’s Hearings:
o Tuesday, June 4: The Senate Energy and Natural Resources Committee will explore ways to
improve federal wildland fire management.
o Thursday, June 6: The Senate Energy and Natural Resources Committee will review the
programs and activities of the U.S. Department of the Interior (DOI).
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o Thursday, June 6: The House Natural Resources Committee will hold a legislative hearing on the
Offshore Energy and Jobs Act (H.R. __), draft legislation released by Chairman Doc Hastings (R-
WA).
EXECUTIVE BRANCH ACTIVITY
FERC. Federal Energy Regulatory Commission (FERC) Chairman Jon Wellinghoff has submitted his
resignation letter to President Barack Obama. He will remain at FERC until his replacement is
confirmed by the Senate.
Hydraulic Fracturing (HF). DOI has issued its revised proposed rule to regulate HF activities on
federal and tribal lands. Comments will be accepted through June 24, unless pressure from Congress
and other stakeholders leads to an extension, potentially of an additional 90 days. A final rule is
expected after DOI considers this latest round of public comments; a target date for finalization is not
yet certain.
Nuclear. The Nuclear Regulatory Commission’s (NRC) Advisory Committee on Reactor Safeguards
will meet on Wednesday, June 5 to Friday, June 7 in Rockville, Maryland. NRC will also be issuing
the final License Renewal Interim Staff Guidance this week for Updated Aging Management Criteria
for Reactor Vessel Internal Components for Pressurized Water Reactors.
NPR-A. The Bureau of Land Management will issue a call for nominations and comments, due by
mid-July, on tracts for oil and gas leasing for the 2013 National Petroleum Reserve – Alaska lease
sale.
USEITI. The U.S. Extractive Industries Transparency Initiative (EITI) Multi-Stakeholder Group
Advisory Committee will next meet on June 12-13 to discuss the legal context for revenue
disclosures, consideration of sub-national payments, and discussions on scope and materiality; it will
also meet on July 23-24 to discuss criteria and components for the U.S. draft candidacy application
for EITI.
Pipelines. The FERC is updating regulations governing the form, composition, and filing of rates and
charges by interstate oil pipelines for transportation in interstate commerce. The Pipeline and
Hazardous Materials Safety Administration (PHMSA) will host a pipeline safety workshop on June 19-
20 in Richardson, Texas to discuss ways to improve public awareness outreach. PHMSA will also
host an August 7 public workshop on a proposed pipeline “Integrity Verification Process,” to present
information on several new mandates and to seek comment from interested stakeholders.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Tanya DeRivi, at 202-457-6504 or tderivi@pattonboggs.com.
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Environment
LEGISLATIVE ACTIVITY
This Week’s Hearings:
o Tuesday, June 4: The Senate Committee on Energy and Natural Resources will hold a full
committee hearing intended to identify ways to improve federal wildland fire management.
o Tuesday, June 4: The House Committee on Natural Resources will hold a full committee hearing
to address species conservation concerning tribal, state and local stewardship in conjunction with
federal “sue-and-settle” practices.
o Wednesday, June 5: The House Committee on Oversight and Government Reform,
Subcommittee on Energy Policy, Health Care and Entitlements, will hold a hearing to examine the
role of the U.S. Environmental Protection Agency (EPA) in the renewable fuel standard. The
specific focus will be on fuel blends.
o Wednesday, June 5: The House Committee on Science, Space and Technology will hold a joint
subcommittee hearing by the Subcommittee on Research and Subcommittee on Technology
concerning federal efforts to reduce the impacts of windstorms. Witnesses will include Dr. Ernst
Kiesling, Research Faculty, National Wind Institute, Texas Tech University; Ms. Debra Ballen,
General Counsel and Senior Vice President, Public Policy, Insurance Institute for Business &
Home Safety; Dr. David Prevatt, Assistant Professor, Department of Civil and Coastal
Engineering, University of Florida.
o Thursday, June 6: The Senate Committee on Energy and Natural Resources will hold a full
committee hearing to review programs and activities of the U.S. Department of the Interior (DOI).
REGULATORY ACTIVITY
Gulf Coast Restoration. The U.S Department of Commerce, the lead agency for the Gulf Coast
Ecosystem Restoration Council, has issued its “Draft Initial Comprehensive Plan: Restoring the Gulf
Coast’s Ecosystem and Economy” and accompanying “Draft Programmatic Environmental
Assessment” for public comment. The Draft Plan provides a framework to implement a region-wide
restoration effort in order to restore the Gulf Coast region following the Deepwater Horizon oil spill.
The Council is also hosting a series of public engagement sessions in each of the five impacted Gulf
States from Monday, June 3 to June 17 for public input on the Draft Plan. The Draft Initial Plan and
the Draft Programmatic Environmental Assessment documents, as well as details concerning the
June public engagement sessions can be accessed here. Comments are due June 24.
Public Water Systems. The following information pertains to states, local and tribal governments,
private and municipal owners or operators of public water systems. EPA has released a final rule
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approving alternative testing methods for use in measuring the levels of contaminants in drinking
water and compliance with national primary drinking water regulations. EPA is making 84 additional
methods available for analyzing drinking water samples. The EPA intends for this to be an expedited
approach in order to provide public water systems, laboratories and primacy agencies with more
timely access to new measurement techniques and greater flexibility in the selection of analytical
methods. The new methods, along with previously expedited methods in 40 CFR Part 141 Appendix
A to Subpart C and on EPA’s drinking water methods, are listed here.
Motor Vehicles. The EPA is extending the public comment period to July 1, which previously was to
end on June 13, for its proposed rule concerning “Control of Air Pollution From Motor Vehicles: Tier 3
Motor Vehicle Emission and Fuel Standards.”
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Sarah Vilms, at 202-457-5248 or svilms@pattonboggs.com.
Financial Services
LEGISLATIVE ACTIVITY
This Week’s Hearings:
o Tuesday, June 4: The Senate Banking Committee will hold a hearing titled “Iran Sanctions:
Ensuring Robust Enforcement, and Assessing Next Steps.”
o Wednesday, June 5: The Senate Banking Subcommittee on Housing, Transportation, and
Community Development will hold a hearing titled “Long Term Sustainability for Reverse
Mortgages: HECM’s Impact on the Mutual Mortgage Insurance Fund.”
o Wednesday, June 5: The Senate Banking Subcommittee on Economic Development will hold a
hearing titled “State of the American Dream: Economic Policy and the Future of the Middle
Class.”
o Wednesday, June 5: The House Financial Services Subcommittee on Capital Markets and
Government Sponsored Enterprises will hold a hearing titled “Examining the Market Power and
Impact of Proxy Advisory Firms.”
o Thursday, June 6: The House Small Business Subcommittee on Investigations, Oversight, and
Regulations will hold a hearing titled “Financing America's Small Businesses: Innovative Ideas for
Raising Capital.”
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EXECUTIVE BRANCH ACTIVITY
President Announces Two SEC Nominations. President Obama has nominated Kara Stein and
Michael Piwowar to serve as Commissioners of the Securities and Exchange Commission (SEC).
Both of the President’s nominees are veteran Hill staffers that are very well liked and respected. Kara
Stein, currently legal counsel and senior policy adviser to Sen. Jack Reed (D-RI), would fill
Commissioner Elisse Walter’s seat, set to be vacated by the end of this year. Michael Piwowar, chief
economist for the Senate Banking Committee since 2009, would replace Commission Troy Paredes,
whose term ends in June.
This Week’s Meetings:
o Tuesday, June 4: The Federal Deposit Insurance Corporation (FDIC) will meet in open session to
consider a final rule on the Definition of “Predominantly Engaged in Activities that are Financial in
Nature or Incidental Thereto” § 201(b).
o Wednesday, June 5: The SEC will hold an open meeting to consider a recommendation to
propose amendments to certain rules under the Investment Company Act that govern the
operation of money market funds and related amendments to Form PF under the Investment
Advisers Act.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Caroline Cauley, at 202-457-6625 or ccauley@pattonboggs.com; Mara Giorgio, at 202-457-6522
or mgiorgio@pattonboggs.com; and Matt Kulkin, at 202-457-6056 or mkulkin@pattonboggs.com.
Health Care
LEGISLATIVE ACTIVITY
E&C SGR Reform Draft and Hearing. House Energy & Commerce Committee staff unveiled a draft
legislative framework for repeal of the Sustainable Growth Rate (SGR) formula. The proposed
framework would repeal and replace the SGR and provide an undefined period of stable payments. It
would also include the development of quality measures for competency assessments – the
Secretary would develop cohorts of providers and develop sets of measures or “competencies” within
each cohort. The measures would be published before being proposed in notice and comment
rulemaking. The framework also includes an opt-out option for providers to be paid under alternative
payment models. Under this option, the Secretary would publish a list of approved models in which
providers could participate and would develop a process by which stakeholders could propose new
payment models for consideration. The framework leaves blank any discussion of funding specifics.
The proposal leaves open many issues; interested parties may submit feedback on the proposed
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framework by June 10 to SGRComments@mail.house.gov. The committee will hold a hearing on the
proposal on Wednesday, June 5 (see This Week’s Hearings below). Chairman Upton intends to pass
a bill out of Committee, and possibly through the full House, by the end of the summer.
This Week’s Hearings:
o Tuesday, June 4: The House Committee on Education and the Workforce will hold a hearing titled
"Reviewing the President's FY 2014 Budget Proposal for the U.S. Department of Health and
Human Services." The Honorable Kathleen Sebelius, Secretary of HHS, will testify.
o Wednesday, June 5: The House Energy & Commerce Committee will hold a hearing on Medicare
physician payment overhaul legislation.
REGULATORY ACTIVITY
Wellness Programs Final Rule. The Internal Revenue Service (IRS), U.S. Department of Labor
(DOL), and U.S. Department of Health and Human Services (HHS) released the Incentives for
Nondiscriminatory Wellness Programs in Group Health Plans Final Rule. This document contains
final regulations, consistent with the Affordable Care Act (ACA), regarding nondiscriminatory wellness
programs in group health coverage. Specifically, these final regulations increase the maximum
permissible reward under a health-contingent wellness program offered in connection with a group
health plan (and any related health insurance coverage) from 20 percent to 30 percent of the cost of
coverage. The final regulations further increase the maximum permissible reward to 50 percent for
wellness programs designed to prevent or reduce tobacco use. These regulations also include other
clarifications regarding the reasonable design of health-contingent wellness programs and the
reasonable alternatives they must offer in order to avoid prohibited discrimination.
OTHER HEALTH NEWS
Medicare Trustees Report. The Medicare Trustees released a report on Friday, May 31 that
predicted that the Medicare trust fund will be solvent until 2026, which is two years beyond what the
trustees projected last year. The report found lower-than-expected growth of Medicare spending in
2012, lower projected spending in many categories, and reflected an expectation that the federal
health care law will reduce growth in Medicare Advantage spending more than previously anticipated.
MedPAC Appointments. The Government Accountability Office (GAO) made its appointments to the
Medicare Payment Advisory Commission (MedPAC). Jon Christianson, PhD, was appointed as a new
member, along with reappointments of Scott Armstrong, Katherine Baicker, PhD, Herb Kuhn, Mary
Naylor, PhD, RN, and Cori Uccello, FSA.
Medicaid State Readiness Report. The Urban Institute and Robert Wood Johnson Foundation
released a report on state readiness for Medicaid expansion. The brief examines how eight states are
altering their Medicaid managed care programs as they move into the home stretch of implementing
the ACA. In particular, the report draws on the experiences of eight states (Maryland, Michigan,
Minnesota, New Mexico, New York, Oregon, Rhode Island, and Virginia) participating in the Robert
Wood Johnson Foundation’s State Health Reform Assistance Network and the related health reform
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implementation monitoring and tracking project.
The report describes how these states are revamping their Medicaid managed care programs and
how they are preparing the programs to provide coverage to new enrollees under health reform, and
look into health plan and health care stakeholders’ perceptions of the changes and preparations. The
report concludes that states with Medicaid managed care programs seem well-positioned to handle
the ACA Medicaid expansion.
OIG Health Reports. The Office of Inspector General (OIG) released two reports last Tuesday, May
28. In the first report, “Improvements are Needed To Ensure Provider Enumeration and Medicare
Enrollment Data Are Accurate, Complete, and Consistent,” OIG states that inaccurate, incomplete,
and inconsistent provider data coupled with insufficient oversight place the integrity of the Medicare
program at risk and present vulnerabilities in all health care programs. OIG recommends that the
Centers for Medicare & Medicaid Services (CMS) should require Medicare Administrative Contractors
to implement program integrity safeguards for Medicare provider enrollment as established in the
Program Integrity Manual. Additionally, CMS should require more verification of National Plan &
Provider Enumeration System (NPPES) enumeration and Provider Enrollment, Chain, and Ownership
System (PECOS) enrollment data. Finally, CMS should detect and correct inaccurate and incomplete
provider enumeration and enrollment data for new and established records.
In the second report, “Medicare Could Save Millions by Implementing a Hospital Transfer Payment
Policy for Early Discharges to Hospice Care,” OIG estimated that Medicare could have saved $602.5
million for calendar years 2009 and 2010 by applying a hospital transfer payment policy for early
discharges to hospice care.
CSHSC Report on Geographic Variations in Medical Spending. The Center for Studying Health
System Change released a report on geographic variations in medical spending. The report suggests
that at least 75 to 85 percent of the difference between high-cost and low-cost areas can be
explained by taking patient health into consideration.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Eugenia Edwards, at 202-457-5622 or eedwards@pattonboggs.com.
Homeland Security
LEGISLATIVE ACTIVITY
Budget and Appropriations. On May 22, the House Appropriations Committee approved the FY
2014 Homeland Security appropriations bill, which provides $38.9 billion in discretionary funding to
the U.S. Department of Homeland Security (DHS) overall: $35 million below the president’s request,
$618 million below the fiscal 2013 enacted amount and $981 million above the current post-
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sequestration level. The bill provides $817 million less in infrastructure protection that the president
requested to penalize DHS for failing to implement chemical security programs in the wake of the
Texas fertilizer plant explosion. The Senate Appropriations Committee has not yet moved forward on
the FY 2014 DHS bill.
Comprehensive Immigration Reform. On May 21, the Senate Judiciary Committee approved by a
vote of 13-5 the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744),
which included a number of amendments to address some of the Republicans’ concerns about
adequate border security. Senate Majority Leader Harry Reid (D-NV) expects to begin floor debate
the week of Monday, June 10 and plans to hold a vote on the bill by the end of June. Efforts continue
to secure the 60 votes needed to move ahead with the bill. The bipartisan Gang of Eight in the House
has reached an agreement in principle on a comprehensive bill, but there are still hurdles to reaching
a final deal. In the meantime, House Judiciary Committee Chairman Robert Goodlatte (R-VA) is
planning to hold hearings on portions of the immigration bill in his committee.
This Week’s Hearings:
o Tuesday, June 4: The Senate Judiciary Subcommittee on Crime, Terrorism, Homeland Security,
and Investigations will hold an oversight hearing titled “The Department of Justice’s Handling of
Known or Suspected Terrorists Admitted into the Federal Witness Security Program.”
o Tuesday, June 4: The House Homeland Security Subcommittee on Emergency Preparedness,
Response, and Communications will hold a hearing titled “Emergency MGMT 2.0: How
#SocialMedia & New Tech are Transforming Preparedness, Response, & Recovery #Disasters
#Part 1 #PrivateSector.”
o To Be Determined: The House Appropriations Subcommittee on Homeland Security has
announced that it will reschedule the March 6 hearing on the U.S. Customs and Border Protection
Budget and Management, but it has not yet finalized a date. U.S. Customs and Border Protection
Deputy Commissioner David Aguilar will testify.
EXECUTIVE BRANCH ACTIVITY
TSA Airport Scanners. Transportation Security Administrator John Pistole has informed House
Homeland Security Committee Chairman Michael McCaul (R-TX) and Ranking Member Bennie
Thompson (D-MS) that the agency will meet its extended deadline of June 2013 to phase out
“backscatter imaging” airport body scanners that many lawmakers believe invade travelers’ privacy
and could cause health problems. The agency has already begun installing privacy software that
enables machines to produce only a generic body outline.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Alexis Early, at 202-457-5105 or aearly@pattonboggs.com; and Norma Krayem, at 202-457-
5206 or nkrayem@pattonboggs.com.
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Immigration
LEGISLATIVE ACTIVITY
Senate. The Senate Judiciary Committee voted the Border Security, Economic Opportunity, and
Immigration Modernization Act (S. 744) out of committee on May 22 by a vote of 13-5. Senate
Majority Leader Harry Reid (D-NV) expects to open Senate floor debate the week of Monday, June
10, and plans to hold a vote three weeks later before the July 4 congressional recess. Senators are
expected to offer a number of amendments, and the bipartisan Gang of Eight is working to address
concerns and block amendments that either party would consider a “poison pill.” The upper chamber
continues to disagree over border security measures, the path to legalization, and high-skilled visa
reform versus protections for U.S. workers. Sen. Orrin Hatch (R-UT) – a member of the Senate
Judiciary Committee and Ranking Member of the Senate Finance Committee – continues to express
concerns that certain taxation provisions fall under Finance Committee jurisdiction, and he may not
support final passage until that issue is addressed.
House of Representatives. The Gang of Eight members of the House of Representatives continue
to report that they have reached a deal “in principle” for a bipartisan bill, but doubts remain because a
bill has not yet been introduced. They have not yet resolved whether undocumented immigrants
seeking legalization will be required to purchase health insurance on the open market while they
await permanent status. Current law does not allow them to purchase it under the benefits or
exchanges of the Affordable Care Act (ACA), but it does not require them to purchase insurance
privately. Republicans are seeking to add that requirement to the immigration bill to ensure that
immigrants prove they will not become a public charge once legalized. Energy & Commerce
Committee Ranking Member Henry Waxman (D-CA) is opposing this effort to require the
undocumented to buy insurance at what Democrats fear will be unaffordable market rates. Democrats
argue this provision would violate deals they made to pass the ACA and would create an impossible
hurdle to legalization for many undocumented immigrants.
However, House Judiciary Committee Chairman Robert Goodlatte (R-VA) has followed through on
his plans to take up piecemeal bills that address discrete aspects of the immigration system. His
committee already held hearings on the Agricultural Guestworker Act (H.R. 1773) to reform the
temporary agricultural worker program and the Legal Workforce Act (H.R. 1772) to implement the E-
Verify system and discourage hiring of undocumented immigrants. The committee will likely hold a
hearing on the Supporting Knowledge-based Immigrants & Lifting Levels of STEM Visas Act (SKILLS
Act, H.R. 2131), co-sponsored by Chairman Goodlatte and committee member Rep. Darrell Issa (R-
CA). Speaker John Boehner (R-OH) has indicated that all immigration bills will proceed through the
Judiciary Committee, and he has also warned that the House will not simply take up a bill passed in
the Senate.
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Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Alexis Early, at 202-457-5105 or aearly@pattonboggs.com; and Kristin Wells, at 202-457-6422 or
kwells@pattonboggs.com.
International
EXECUTIVE AND LEGISLATIVE BRANCH ACTIVITY
Syria. During last week’s Congressional recess, Senator John McCain (R-AZ) slipped over the
Turkish border into Syria to meet with the leaders of the Free Syrian Army. Syrian opposition leaders
reportedly called on the United States to increase its support by providing heavy weapons, instituting
a no-fly zone and employing airstrikes against the Syrian regime and Hezbollah forces that are
increasingly active in Syria. Free Syrian Army Gen. Salem Idris said in an exclusive interview with
THE DAILY BEAST, “We need American help to have change on the ground; we are now in a very
critical situation.”
Also last week, tension ratcheted up over possible Russian arms sales to the Assad regime and the
European Union’s (EU) recent decision to lift its embargo on arming the rebels in advance of the early
June international peace conference in Geneva. The Syrian opposition still has yet to confirm its
attendance.
Iran. Last week, the U.S. Government eased its restrictions on the sale of mobile phones and other
communication devices and software to Iranian citizens. The U.S. Department of the Treasury
justified the action, saying “The people of Iran should be able to communicate and access information
without being subject to reprisals by the government.” The Government of Iran and those individuals
listed on the Treasury Department’s “specially designated nationals” remain barred from export
licenses. This move comes just weeks ahead of the June 14 elections in Iran. This Tuesday, June 4,
the Senate Banking, Housing, and Urban Affairs Committee will hold a hearing on this issue (See
This Week’s Hearings below.)
U.S.-China Heads of State Summit. Later this week, Chinese President Xi Jinping will meet with
President Obama in California. The agenda is expected to include North Korea, Iran, Syria, the South
China Sea, economic relations and cyber security. Last week, the media widely reported on a U.S.
Department of Defense Science Board report that highlighted China’s purported access of data on
Pentagon weapons programs and other defense technologies.
Counterterrorism. On May 23, just before the Congressional recess, President Barack Obama gave
a national security policy speech at the National Defense University. The President noted that while
the core of al-Qaeda in Afghanistan and Pakistan is “on the path to defeat”, there has been an
emergence of various al Qaeda affiliates. President Obama further defended as effective his
Administration’s use of “lethal, targeted action against al Qaeda and its associated forces, including
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with remotely piloted aircraft commonly referred to as drones.” He said, “Where foreign governments
cannot or will not effectively stop terrorism in their territory, the primary alternative to targeted lethal
action would be the use of conventional military options.”
The President affirmed U.S. targeted strikes are legal but cautioned “America’s legitimate claim of
self-defense cannot be the end of the discussion.” President Obama also shared that his
Administration has devised a framework that governs U.S. use of force against terrorists, noting the
framework was formally codified in a Presidential Policy Guidance he signed the day before the
speech.
Terrorism Reports. Last Thursday, May 30, the State Department released its annual 2012 Country
Reports on Terrorism. The Report notes a resurgence of Iran’s state sponsorship of terrorism and
increased Hezbollah terrorist activity, which includes both reportedly engaged in a “broad range of
support to the Assad [Syria] regime.” While the Report also reflects al-Qaeda leadership losses, it
notes terrorist threats are increasingly decentralized and geographically dispersed.
Trade. Last week, the Office of the United States Trade Representative (USTR) and the Interagency
Trade Policy Staff Committee chaired a public hearing on U.S. negotiating objectives for the proposed
Transatlantic Trade and Investment Partnership (TTIP) agreement. USTR and other agencies are
engaged in a 90-day consultation process regarding the proposed TTIP agreement. This Thursday,
June 6, the Senate Finance Committee will hold its confirmation hearing for Michael Froman to be the
U.S. Trade Representative.
Also last week, the World Organization for Animal Health upgraded the United States’ risk status for
bovine spongiform encephalopathy (BSE) to “negligible.” Montana Senator and Senate Finance
Committee Chairman Max Baucus (D-MT) lauded the news, saying “having the top safety rating will
help us to tear down the remaining barriers to American beef exports and ensure that our trading
partners abide by science-based standards.”
Western Hemisphere. Vice President Biden wrapped his trip last week to the Western Hemisphere
with a final stop in Brazil. He reaffirmed U.S. engagement with its neighbors in the Western
hemisphere. The White House also announced President Obama will host Brazilian President Dilma
Rousseff for an official State Visit and State Dinner on October 23.
Middle East Peace. Despite Secretary Kerry’s recent visit to Israel to discuss the Middle East Peace
process, Israel announced additional settlement construction plans after his departure from the
region. The U.S. Government maintains continued construction by Israel in East Jerusalem is
counterproductive to the peace talks.
Nominations and Departures. President Obama has announced his intention to nominate the
following individuals: James Entwistle to be U.S. Ambassador to Nigeria; Douglas Lute to be the U.S.
Permanent Representative on the Council of the North Atlantic Treaty Organization; Victoria Nuland
to be Assistant Secretary of State for European and Eurasian Affairs; and Kara Stein to be
Commissioner of the Securities and Exchange Commission. This week, the Senate Foreign Relations
Committee will hold confirmation hearings (See This Week’s Hearings below for specifics.)
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Last week, Chairman of the President’s Council of Economic Advisers Alan Krueger announced he
will return to the private sector. The President has yet to announce his replacement.
This Week’s Hearings:
o Monday, June 3: The House Foreign Affairs Subcommittee on Global Human Rights will hold a
hearing on the anniversary of the 1989 Tiananmen Square tragedy. The Administration is not
scheduled to testify.
o Tuesday, June 4: The Senate Banking, Housing, and Urban Affairs Committee will hold a hearing
titled “Iran Sanctions – Ensuring Enforcement and Assessing Next Steps.” Scheduled to testify
from the Administration are: Under Secretary of the Treasury for Terrorism and Financial
Intelligence David Cohen, Under Secretary of State for Political Affairs Wendy Sherman, and
Under Secretary of Commerce for Industry and Security Eric Hirschhorn.
o Tuesday, June 4: The House Foreign Affairs Subcommittee on Global Human Rights will hold a
hearing titled “Continuing Repression by the Vietnamese Government.” The Administration is not
scheduled to testify.
o Wednesday, June 5: The Senate Foreign Relations Committee will hold a confirmation hearing
for Dr. Tulinabo Salama Mushingi to be U.S. Ambassador to Burkina Faso and Catherine Russell
to be Ambassador-at-Large for Global Women’s Issues.
o Wednesday, June 5: The House Foreign Affairs Subcommittee on the Middle East and North
Africa will hold a hearing titled “A Crisis Mismanaged: Obama’s Failed Syria Policy.” The
Administration is not scheduled to testify.
o Wednesday, June 5: The House Foreign Affairs Subcommittee on Asia and the Pacific will hold a
hearing titled “U.S. Relations with Vietnam.” Acting Assistant Secretary of State for East Asian
and Pacific Affairs Joseph Yun and Deputy Assistant Secretary of State for Democracy, Human
Rights and Labor Daniel Baer are scheduled to testify.
o Thursday, June 6: The Senate Foreign Relations Committee will hold a hearing titled “Labor
Issues in Bangladesh”. Assistant Secretary of State for South and Central Asian Affairs Robert
Blake is scheduled to testify.
o Thursday, June 6: The Senate Foreign Relations Committee will hold a confirmation hearing for
Geoffrey Pyatte to be U.S. Ambassador to Ukraine.
o Thursday, June 6: The Senate Finance Committee will hold a confirmation hearing for Michael
Froman to be the U.S. Trade Representative.
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Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Stacy Swanson at 202-457-5627, or sswanson@pattonboggs.com.
Tax
LEGISLATIVE ACTIVITY
Tax Writing Committee Meetings Continue. The Senate Finance Committee has continued its
series of closed-door committee meetings on tax reform, recently issuing their latest Option Paper on
May 23 – this one on Economic Security. The closed-door meetings are intended to facilitate
discussion among senators in an attempt to find where agreement on policy exists. The sessions are
expected to include discussion on most major policy elements of tax reform.
In this latest paper, when reviewing the tax rules that affect the economic security of Americans, the
committee stated that the aim is to: simplify the taxation of retirement savings and health insurance,
minimize the disruption to business practices and employee expectations inherent in any fundamental
tax reform, increase the number of people with enough resources for an adequate standard of living
in retirement, and expand access to health insurance. For a full recap of the issues presented, the
committee released an option paper available here.
The Economic Security Option Paper was the seventh topic covered by the committee. The
committee is expected to release ten Option Papers. The final three are likely to come in the next few
weeks. A list of all the Option Papers currently published is available here.
CBO Report Says Tax Expenditures Benefiting Wealthiest Americans. Last week the
Congressional Budget Office (CBO) released a report that the wealthiest Americans benefit most
from ten of the largest tax expenditures. The CBO estimated that more than 50 percent of the largest
tax expenditures benefit the top fifth of U.S. households based on income. House Budget Committee
ranking member Chris Van Hollen (D-MD) and House Ways and Means ranking member Sandy Levin
(D-MI) argued the report confirms that additional revenue to pay down the federal debt and offset
sequestration spending cuts can be obtained by eliminating or limiting tax preferences that benefit the
wealthy.
This Week’s Hearings:
o Tuesday, June 4: The House Ways and Means Committee will hold a hearing with organizations
targeted by the Internal Revenue Service for their personal beliefs.
o Wednesday, June 5: The House Ways and Means Committee will hold a hearing on how Social
Security protects the benefits of those who cannot protect themselves.
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o Thursday, June 6: The Senate Finance Committee will hold a Hearing to consider the Nomination
of Michael Froman to be the U.S. Trade Representative.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Joseph Urso, at 202-457-5349 or jurso@pattonboggs.com.