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.
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.
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.
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 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.
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 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.
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 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.
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.
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.
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 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.
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 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.
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 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 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.
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.
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.
This document describes a statistical analysis of factors correlating with firearm fatalities in the United States. The analysis used multiple regression to evaluate the relationship between firearm fatalities (dependent variable) and several independent variables like education levels, income, religion, gun ownership, etc. The analysis found that firearm fatalities were best predicted by a model including college education rates, gun ownership, high school dropout rates, housing prices, law enforcement levels, and some interaction terms between these variables. Assumption checks confirmed the model was appropriate. Some outliers were identified but not enough to warrant corrective measures.
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.
Senate Finance Committee Asks Members to Communicate Tax Reform PrioritiesPatton Boggs LLP
The Senate Finance Committee is asking Senators to submit proposals by July 26th detailing which tax expenditures should be maintained, repealed, or added as part of tax reform efforts. The Committee intends to take a "blank slate" approach and eliminate all special tax provisions unless there is clear evidence they help the economy, make the tax code fairer, or promote other policy objectives. Both the Senate Finance Committee and House Ways and Means Committee are committed to fundamental tax reform legislation within the next year before certain Chairmen leave their positions.
The House will meet on Monday and Tuesday to consider several pieces of legislation under suspension of the rules, with no votes expected. The Senate will resume consideration of the National Defense Authorization Act. The White House proposed a fiscal cliff deal including $1.6 trillion in tax increases and $600 billion in entitlement cuts, but Republicans rejected it as a non-starter due to high tax increases and insufficient entitlement reform details. Negotiations appear stalled as both sides hold firm in their positions on taxes and spending.
The Current Landscape in FLSA Unpaid Intern Litigation - Law Firms Ready to P...Patton Boggs LLP
This document summarizes recent developments in unpaid intern litigation under the Fair Labor Standards Act. It discusses a recent court decision that found unpaid interns on the film Black Swan were actually employees entitled to wages. The decision established a test for determining whether internships violate labor laws. Several law firms have since filed class action lawsuits on behalf of unpaid interns against media companies. The document outlines these cases and advises employers to ensure any internship program meets the criteria to qualify for an exception to labor laws.
Trademark Clearinghouse Adds To Brand ProtectionsPatton Boggs LLP
The document discusses the Trademark Clearinghouse, which was created by ICANN to help protect trademarks as new generic top-level domains (gTLDs) are introduced. It allows trademark owners to register their marks, which provides benefits like priority to register matching domain names during a "Sunrise Period" and notices of potentially infringing domain name applications. While registration provides advantages, there are limitations like only national/regional registered marks can be included. The law firm recommends clients consider Clearinghouse registration to increase protections for their trademarks under the new gTLD program.
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.
The document provides information about regulatory and enforcement updates from various agencies, including:
1. MSHA has adopted OSHA's 6-foot fall protection standard but uncertainty remains about enforcement below that height.
2. NIOSH found lung disease in 2% of surface coal miners, which may increase pressure to finalize MSHA's proposed coal dust rule.
3. MSHA conducted impact inspections at 17 coal mines and 4 metal/non-metal mines, issuing over 500 citations and orders.
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 SEC adopted a final rule implementing Section 1502 of the Dodd-Frank Act requiring disclosures related to conflict minerals originating from the DRC. The rule applies to companies that file SEC reports and manufacture or contract to manufacture products containing necessary conflict minerals. Companies must conduct a reasonable country of origin inquiry and, if minerals may have originated in the DRC, perform due diligence to determine if minerals financed armed groups. The results must be reported annually to the SEC by May 31 on Form SD, and may require a Conflict Minerals Report and audit.
Community Development Financial Institutions Fund's Bond Guarantee Program Fu...Patton Boggs LLP
The Community Development Financial Institutions Fund's Bond Guarantee Program was authorized to guarantee up to $500 million in bonds for 2013 to promote investment in underserved communities. The program allows certified CDFIs to issue bonds guaranteed 100% by the fund to lend proceeds to other CDFIs. To qualify for the program, entities must be certified as CDFIs by meeting requirements including having community development as their primary mission. The fund also offers other programs including financial assistance awards, technical assistance awards, and tax credits to encourage investment in low-income communities.
The document summarizes recent developments regarding mutual funds investing in commodities. Specifically, it discusses:
1) A Senate hearing where Senators criticized the IRS for private letter rulings allowing mutual funds to invest in commodities through offshore subsidiaries, claiming this maneuvered around rules limiting commodity investments.
2) In response, the IRS suspended new private letter rulings on this issue and will re-examine whether such income should be considered qualifying income for mutual funds.
3) This action creates uncertainty for mutual funds' ability to invest in commodities until the IRS issues new guidance.
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.
Kiobel: Major U.S. Jurisdictional Limitation for Overseas ActionsPatton Boggs LLP
The Supreme Court issued a decision in Kiobel v. Royal Dutch Petroleum Co. that places major limitations on using the Alien Tort Statute to sue foreign defendants in U.S. courts for acts occurring outside U.S. territory. A majority of justices based the decision on a presumption against extraterritorial application of U.S. law to protect foreign relations. However, some justices left open the possibility that certain cases involving distinct U.S. interests could still be brought under the ATS. The decision significantly limits but does not completely bar ATS lawsuits over conduct abroad.
This document summarizes a newsletter about recent developments related to the False Claims Act (FCA). It discusses a case involving a government contractor accused of violating the Byrd Amendment, resulting in false claims under the FCA. It also discusses record recoveries by the Department of Justice and Department of Health and Human Services in FCA cases in the healthcare sector totaling $4.2 billion. Additionally, it analyzes recent court cases related to retaliation claims under the FCA's whistleblower protections and the potential implications of a case related to off-label drug promotion cases.
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.
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.
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 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.
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.
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.
This document describes a statistical analysis of factors correlating with firearm fatalities in the United States. The analysis used multiple regression to evaluate the relationship between firearm fatalities (dependent variable) and several independent variables like education levels, income, religion, gun ownership, etc. The analysis found that firearm fatalities were best predicted by a model including college education rates, gun ownership, high school dropout rates, housing prices, law enforcement levels, and some interaction terms between these variables. Assumption checks confirmed the model was appropriate. Some outliers were identified but not enough to warrant corrective measures.
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.
Senate Finance Committee Asks Members to Communicate Tax Reform PrioritiesPatton Boggs LLP
The Senate Finance Committee is asking Senators to submit proposals by July 26th detailing which tax expenditures should be maintained, repealed, or added as part of tax reform efforts. The Committee intends to take a "blank slate" approach and eliminate all special tax provisions unless there is clear evidence they help the economy, make the tax code fairer, or promote other policy objectives. Both the Senate Finance Committee and House Ways and Means Committee are committed to fundamental tax reform legislation within the next year before certain Chairmen leave their positions.
The House will meet on Monday and Tuesday to consider several pieces of legislation under suspension of the rules, with no votes expected. The Senate will resume consideration of the National Defense Authorization Act. The White House proposed a fiscal cliff deal including $1.6 trillion in tax increases and $600 billion in entitlement cuts, but Republicans rejected it as a non-starter due to high tax increases and insufficient entitlement reform details. Negotiations appear stalled as both sides hold firm in their positions on taxes and spending.
The Current Landscape in FLSA Unpaid Intern Litigation - Law Firms Ready to P...Patton Boggs LLP
This document summarizes recent developments in unpaid intern litigation under the Fair Labor Standards Act. It discusses a recent court decision that found unpaid interns on the film Black Swan were actually employees entitled to wages. The decision established a test for determining whether internships violate labor laws. Several law firms have since filed class action lawsuits on behalf of unpaid interns against media companies. The document outlines these cases and advises employers to ensure any internship program meets the criteria to qualify for an exception to labor laws.
Trademark Clearinghouse Adds To Brand ProtectionsPatton Boggs LLP
The document discusses the Trademark Clearinghouse, which was created by ICANN to help protect trademarks as new generic top-level domains (gTLDs) are introduced. It allows trademark owners to register their marks, which provides benefits like priority to register matching domain names during a "Sunrise Period" and notices of potentially infringing domain name applications. While registration provides advantages, there are limitations like only national/regional registered marks can be included. The law firm recommends clients consider Clearinghouse registration to increase protections for their trademarks under the new gTLD program.
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.
The document provides information about regulatory and enforcement updates from various agencies, including:
1. MSHA has adopted OSHA's 6-foot fall protection standard but uncertainty remains about enforcement below that height.
2. NIOSH found lung disease in 2% of surface coal miners, which may increase pressure to finalize MSHA's proposed coal dust rule.
3. MSHA conducted impact inspections at 17 coal mines and 4 metal/non-metal mines, issuing over 500 citations and orders.
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 SEC adopted a final rule implementing Section 1502 of the Dodd-Frank Act requiring disclosures related to conflict minerals originating from the DRC. The rule applies to companies that file SEC reports and manufacture or contract to manufacture products containing necessary conflict minerals. Companies must conduct a reasonable country of origin inquiry and, if minerals may have originated in the DRC, perform due diligence to determine if minerals financed armed groups. The results must be reported annually to the SEC by May 31 on Form SD, and may require a Conflict Minerals Report and audit.
Community Development Financial Institutions Fund's Bond Guarantee Program Fu...Patton Boggs LLP
The Community Development Financial Institutions Fund's Bond Guarantee Program was authorized to guarantee up to $500 million in bonds for 2013 to promote investment in underserved communities. The program allows certified CDFIs to issue bonds guaranteed 100% by the fund to lend proceeds to other CDFIs. To qualify for the program, entities must be certified as CDFIs by meeting requirements including having community development as their primary mission. The fund also offers other programs including financial assistance awards, technical assistance awards, and tax credits to encourage investment in low-income communities.
The document summarizes recent developments regarding mutual funds investing in commodities. Specifically, it discusses:
1) A Senate hearing where Senators criticized the IRS for private letter rulings allowing mutual funds to invest in commodities through offshore subsidiaries, claiming this maneuvered around rules limiting commodity investments.
2) In response, the IRS suspended new private letter rulings on this issue and will re-examine whether such income should be considered qualifying income for mutual funds.
3) This action creates uncertainty for mutual funds' ability to invest in commodities until the IRS issues new guidance.
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.
Kiobel: Major U.S. Jurisdictional Limitation for Overseas ActionsPatton Boggs LLP
The Supreme Court issued a decision in Kiobel v. Royal Dutch Petroleum Co. that places major limitations on using the Alien Tort Statute to sue foreign defendants in U.S. courts for acts occurring outside U.S. territory. A majority of justices based the decision on a presumption against extraterritorial application of U.S. law to protect foreign relations. However, some justices left open the possibility that certain cases involving distinct U.S. interests could still be brought under the ATS. The decision significantly limits but does not completely bar ATS lawsuits over conduct abroad.
This document summarizes a newsletter about recent developments related to the False Claims Act (FCA). It discusses a case involving a government contractor accused of violating the Byrd Amendment, resulting in false claims under the FCA. It also discusses record recoveries by the Department of Justice and Department of Health and Human Services in FCA cases in the healthcare sector totaling $4.2 billion. Additionally, it analyzes recent court cases related to retaliation claims under the FCA's whistleblower protections and the potential implications of a case related to off-label drug promotion cases.
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.
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.
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 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 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.
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 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.
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 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 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.
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 provides information about interning with the Georgia House of Representatives and Senate. It describes the roles and responsibilities of state representatives, state senators, and the governor. It notes that state representatives and senators are the only people who can introduce new legislation and vote on bills, which then go to the governor for approval. If approved, the bills become law. The document also provides salary and constituency information for various state and federal elected positions.
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.
Health Care Legislative Roundup: February 2017ConnectYourCare
This presentation from ConnectYourCare spotlights recent legislative news and regulations impacting health benefits. This presentation covers:
- Legislation to Repeal HSA, FSA Restrictions on OTC Drug Purchases Introduced in Congress
- Confirmation of Rep. Tom Price (R-GA) as Secretary of Health and Human Services
- Republicans Targeting March or April to Advance Affordable Care Act (ACA) Replacement Measure
- ACA Repeal Bill Options
- President Trump and the Fiduciary Rule
- Executive Orders Impacting Regulations
Please Note: ConnectYourCare does not provide tax or legal advice. This information is not intended and should not be taken as tax or legal advice. Any tax or legal information in this notice is merely a summary of ConnectYourCare's understanding and interpretation of some of the current regulations and is not exhaustive. You should consult your tax advisor or legal counsel for advice and information concerning your particular situation before making any decisions.
Respond to EACH post (6 total) 150 words each and using TWO refere.docxdebishakespeare
Respond to EACH post (6 total) 150 words each and using TWO reference sources EACH. Write whether or not you agree and why. How informative the post was . etc, THANK YOU
POST ONE
One of the issues that concerns me most is the balancing of the budget. On both the federal and state level, this issue is significant to me -- as a young citizen, I have many more years in the work force ahead of me. The economic impact of debt resulting from unbalanced budgets will impact not only my life, but the lives of upcoming generations for years to come. Furthermore, our nation cannot continue to be a world leader if we constantly run up deficits. As an old proverb says, "the borrower is servant to the lender."
I believe that efforts to counteract the nation's debt must start with the states. If the states cannot balance their budgets when they are constitutionally obliged to do so, there is little chance that the federal government will balance their budget when they are not required to do so.
Fortunately, the actions of my own state legislature look promising. According to the current Massachusetts legislature's official website (found through the link in the lessons tab) , the budget was recently handled in the following manner:
After the proposed budget for the fiscal year 2016 was finalized by the governor on March 4th of this year, it was sent to the state house of representatives. The House Ways and Means Committee reviewed this proposal, amended it, and finalized their version of the budget on April 15th. The full House of Representatives then reviewed this version of the budget, and finalized it by May 4th. This final House version was sent to the Senate Ways and Means Committee (along with the governor's original proposal) to be considered and finalized. This being done by May 19th, the whole Senate then considered and finalized their version of the budget by May 22nd. The House and Senate versions were then submitted to a Conference Committee to iron out the differences between the two. The resulting version was finalized by July 7th, and sent back to both the House and Senate for approval. This final version was placed on the governor's desk for approval. On July 17th, Governor Charlie Baker extended his approval and signed the budget into effect. The 2016 budget was ultimately finalized July 30th, 2015.
As required by the State's Constitution, the approved budget was balanced and managed to resolve a $1.2 billion deficit. The progress made by the Massachusetts legislature in this area of policy can serve as an example for the federal government, especially given the similarities of state legislatures to Congress (Fischer 2015).
Works Cited/References
The 189th General Court of the Commonwealth of Massachusetts. "Massachusetts Budget Process." State Budget. Accessed September 29, 2015. https://malegislature.gov/Budget/Process
The 189th General Court of the Commonwealth of Massachusetts. "FY 2016 Final Budget." State Budget. Accessed Sept ...
The document discusses the impacts of the Affordable Care Act (ACA) on rural America. It provides background on the National Rural Health Association and their role advocating for rural issues. It then summarizes the legal challenges to the ACA and the Supreme Court ruling in 2012 that upheld the individual mandate while limiting Medicaid expansion. The ruling determined Congress can use taxing powers to influence state programs but cannot take away all existing Medicaid funding from states that do not comply with the ACA's Medicaid provisions.
The document provides a summary of the status of various legislative initiatives considered by the 108th Congress, including bills to reauthorize programs administered by the Administration for Children and Families such as Head Start, Temporary Assistance for Needy Families, and the Community Services Block Grant. Many of these bills were introduced but not passed by Congress. The document also lists public laws enacted during the 108th Congress and notes that ACF programs whose authorization expired will need to be reintroduced in the 109th Congress.
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.
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.
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.
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.
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.
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.
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.
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.
"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.
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.
Eli Lilly Files NAFTA Arbitration Claim Against Canada For Allegedly Discrimi...
Capital Thinking ~ July 22, 2013
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July 22, 2013
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Capital Thinking: Contents
General Legislative......................................................................................................... 3
Agriculture and Food...................................................................................................... 3
Budget and Appropriations ........................................................................................... 4
Cybersecurity.................................................................................................................. 5
Defense............................................................................................................................ 6
Education......................................................................................................................... 8
Energy.............................................................................................................................. 9
Environment.................................................................................................................. 10
Financial Services......................................................................................................... 12
Health Care.................................................................................................................... 14
Homeland Security ....................................................................................................... 15
International .................................................................................................................. 16
Technology and Communications .............................................................................. 19
Transportation and Infrastructure............................................................................... 21
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General Legislative
The Senate will convene at 10:00 am on Tuesday, July 23. Senate Majority Leader Harry Reid (D-NV) is
expected to renew his motion to proceed on the FY 2014 Transportation, Housing and Urban
Development and Related Agencies appropriations bill (S. 1243). The time until 12:00 pm will be equally
divided and controlled between Majority Leader Reid, Senate Minority Leader Mitch McConnell (R-KY), or
their designees. The Senate will proceed to a roll call vote on the motion to invoke cloture on the motion
to proceed to S. 1243 at 12:00 pm because cloture was filed on that motion on July 18. If cloture is
invoked, all post-cloture time will be yielded back and the Senate will proceed to vote on the motion to
proceed to S. 1243, which will likely be a voice vote. If the motion to proceed to S. 1243 is adopted, the
text of the House FY 2014 Transportation, Housing and Urban Development and Related Agencies
appropriations bill (H.R. 2610) will be deemed House-passed text. The Senate will recess from 12:30 pm
until 2:15 pm to allow for weekly caucus meetings.
On Monday, July 22, the House will meet at 12:00 pm for morning hour and 2:00 pm for legislative
business. Votes will be postponed until 6:30 pm. he following legislation will be considered under
suspension of the rules: Three Kids Mine Remediation and Reclamation Act (H.R. 697); a bill to amend
the Fish and Wildlife Act of 1956 to reauthorize the volunteer programs and community partnerships for
the benefit of national wildlife refuges and other purposes (H.R. 1300); the California Coastal National
Monument Expansion Act of 2013 (H.R. 1411); a bill to amend title 23, United States code, with respect to
the operation of vehicles on certain Wisconsin highways and other purposes (H.R. 2353); a resolution
authorizing the use of the Capitol Grounds for the District of Columbia Special Olympics law Enforcement
Torch Run (H. Con. Res. 44); and the WMD Intelligence and Information Sharing Act of 2013 (H.R. 1542).
The House will meet at 10:00 am for morning hour and 12:00 pm for legislative business on Tuesday,
July 23 and Wednesday, July 24. The House will convene at 9:00 am for legislative business on
Thursday, July 25, and the last votes are expected no later than 3:00 pm. No votes are expected on
Friday, July 26. The House is expected on the following bills by the end of this week: the Department of
Defense Appropriations Act (subject to a rule) (H.R. 2397); the Coal Residues Reuse and Management
Act of 2013 (subject to a rule) (H.R. 2218); and the Energy Consumers Relief Act of 2013 (H.R. 1582).
Agriculture and Food
LEGISLATIVE ACTIVITY
Farm Bill. On July 18, the Senate accepted a unanimous consent resolution that formally requested
the Senate to move to conference on the Farm Bill. In sending the Farm Bill to the House, the Senate
had to place its text into the shell of the House-passed bill, which the House sent to the chamber
earlier this week, because the Senate text contains finance measures that the House cannot
consider, as financing measures must originate in the House. Thus, the Senate Farm Bill will have a
new House bill number going forward. Chairwoman of the Senate Agriculture Committee Debbie
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Stabenow (D-MI) also requested the appointment of Senate conferees consisting of seven Democrats
and five Republicans.
Although informal talks have been happening between the Senate and the House on conferencing
the Farm Bill, it does not appear as if the House will initiate formal steps to conference the bill until the
House passes a nutrition bill. It appears that House Majority Leader Eric Cantor (R-VA) has convened
a working group of 16-20 members, including him, to assist in drafting a nutrition bill. The members of
the working group include: Reps. Frank Lucas (R-OK); Marsha Blackburn (R-TN); Renee Ellmers (R-
NC); Bob Goodlatte (R-VA); Lynn Jenkins (R-KS); Jim Jordan (R-OH); Steve King (R-IA); Tom Marino
(R-PA); Kristi Noem (R-SD); Tom Reed (R-NY); Keith Rothfus (R-PA); Steve Scalise (R-LA); Steve
Southerland (R-FL); Marlin Stutzman (R-IN); and Todd Young (R-IN). Thus far, no Democrats have
been included in the drafting of the bill. As discussed in last week’s edition of Capital Thinking, this
nutrition bill would like to overhaul the Supplemental Nutrition Assistance Program (SNAP).
On the Democratic side, 28 Democrats, including Rep. Jim McGovern (D-MA), sent a letter on July 18
to the Republican leadership calling for a hearing on the nutrition title. Chairman Frank Lucas (R-OK)
has indicated that no such hearing has taken place.
We expect that there will be no further movement on agriculture-related legislation, including the FY
2014 Agriculture appropriations bill, until a nutrition bill has been put up for a vote on the floor. Given
the timeline of events, it is highly likely that the Farm Bill will expire on September 30, 2013.
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.
Budget and Appropriations
LEGISLATIVE ACTIVITY
House Appropriations Action. Last week, the House Appropriations Committee passed the FY
2014 Commerce-Justice-Science, Financial Services, and Legislative Branch appropriations bills.
The House was expected to debate the Defense appropriations bill (H.R. 2397) last week as well, but
disagreements over the rule process have stalled floor action. Republican leadership would like to
debate the bill under a structured rule in order to limit controversial amendments related to Egypt, the
National Security Administration, and Syria. However, rank-and-file members on both sides of the
aisle have criticized this approach. Once the Defense bill does reach the floor, the Transportation-
HUD bill (H.R. 2610) is expected to follow.
Senate Appropriations Action. The Senate Appropriations Committee approved the FY 2014
Homeland Security (S. 2217) and Commerce-Justice-Science (S. 1329) appropriations bills last
week. Senate Majority Leader Harry Reid (D-NV) announced plans to bring the Transportation-HUD
(S. 1243) bill to the floor this week; however, Budget Committee Ranking Member Jeff Sessions (R-
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AL) has threatened to raise a point of order because the appropriators are working under higher
spending levels than are allowed by the Budget Control Act (Pub. L. 112-25). It is still unclear whether
Sen. Sessions can raise a point of order on the first bill, or if he must wait until the total amount
surpasses the $967 billion allowed by the Budget Control Act.
This Week’s Hearings:
o Tuesday, July 23: Financial Services – Senate subcommittee markup.
o Tuesday, July 23: State and Foreign Operations – Senate subcommittee markup.
o Tuesday, July 23: Interior and Environment – House subcommittee markup.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Pamela Welsh at 202-457-6493 or pwelsh@pattonboggs.com, and Melanie Goggins at 202-457-
5649 or mgoggins@pattonboggs.com.
Cybersecurity
LEGISLATIVE BRANCH ACTIVITY
Cybersecurity Legislation. The Senate Commerce, Science and Transportation Committee is
expected to mark up a bipartisan cybersecurity bill before the end of this month. A draft of the bill is
currently being circulated and contains provisions that would codify the role of the National Institute of
Standards and Technology (NIST) to continue its efforts to bring together the public and private
sectors on various issues, including cybersecurity. The draft bill also addresses cybersecurity
workforce training, education, and research and development programs. The committee plans to
focus on issues within their jurisdiction, with other critical aspects of cybersecurity left to the Senate
Homeland Security and Government Affairs Committee and the Senate Intelligence Committee.
Those committees have stated they are working on draft legislation to be released in the coming
months.
This Week’s Hearings:
o Tuesday, July 23: At 2:00 pm, the House Foreign Affairs Subcommittee on Asia and the
Pacific will hold a hearing titled “Asia: The Cyber Security Battleground.” Phyllis Schneck,
Vice President and Chief Technology Officer at McAfee Inc., and James Lewis, Director and
Senior Fellow of the Technology and Public Policy Program at the Center for Strategic
International Studies, are scheduled to testify at the hearing.
o Thursday, July 25: The Senate Commerce, Science and Transportation Committee will hold a
hearing at 2:30 pm titled “The Partnership Between NIST and the Private Sector: Improving
Cybersecurity.” The hearing will explore NIST’s work with the private sector to develop and
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promote cybersecurity standards and best practices for critical infrastructure through the
Cybersecurity Framework process required by the Exexutive Order (E.O.).
EXECUTIVE BRANCH ACTIVITY
Designation of Critical Infrastructure. As part of the E.O., the Department of Homeland Security
(DHS) was required to compile a list of the critical infrastructure that is most at risk of a catastrophic
cyber attack. DHS officials indicated that they have completed this list and are in the process of
confidentially notifying owners and operators of critical infrastructure that have been identified on the
list. Director of the DHS Integrated Task Force on Cybersecurity Robert Kolasky recently stated that
publication of this list is “under consideration,” but no decisions have been made as of now on
whether to publicly release the list.
DHS Departure. Another DHS official has announced his departure from the department after
Secretary Janet Napolitano stated last week that she plans to step down in September. Bruce
McConnell, Acting Deputy Undersecretary for Cybersecurity, announced this week that he will resign
from DHS on August 10. His replacement has not yet been identified.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Amy Davenport at 202-457-6528 or adavenport@pattonboggs.com, and Norma Krayem at 202-
457-5206 or nkrayem@pattonboggs.com.
Defense
LEGISLATIVE AND EXECUTIVE BRANCH ACTIVITY
Defense Appropriations. Despite the House’s plans to bring the House FY 2014 Defense
appropriations bill (H.R. 2397) to the floor, the House Rules Committee abruptly ended its session on
July 18, to consider a rule governing debate of the measure. Enough Republicans reportedly were
unhappy that they would not get any votes on certain amendments, such as the National Security
Agency phone surveillance program and U.S. military aid to Egypt’s interim government and to
Syria’s rebels. While the Rules Committee indicated it may try again this week, it remains uncertain
whether the House will bring the bill to the floor for debate before the August recess. Meanwhile,
Senate Armed Services Committee Chair Carl Levin (D-MI) acknowledged there will be no movement
on the Senate FY 2014 National Defense Authorization Act until after the August recess.
Syria. Last week, Sen. John McCain (R-AZ) reportedly threatened to put a hold on the re-nomination
of the Joint Chiefs of Staff Chairman Gen. Martin Dempsey. The senator is apparently seeking
answers from the chairman on U.S. policy toward Syria.
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Afghanistan. The Afghan government halted the flow of U.S. military supplies across its borders last
week, claiming Washington owes $70 million in fines for lack of proper customs paperwork for 70,000
shipping containers.
Regulatory Update. On July 16, the Small Business Administration issued a Final Rule requiring
prime contractors to provide the government a more detailed accounting of their dealings with small
business subcontractors. The final rule requires that small business subcontracting be reported on an
“order-by-order” basis when connected to multi-agency, Federal Supply Schedule, Multiple Award
Schedule, or government-wide acquisition indefinite delivery/indefinite quantity contracts. The rule
implements the requirement in the JOBS Act (Pub. L. No. 111-240) for large prime contractors to
represent that they will make good-faith efforts to award subcontracts to small businesses at the
same percentage as indicated in the subcontracting plans submitted as part of their contract
proposals. If the percentages are not met, prime contractors must provide a written justification and
explanation to the contracting officer. The final rule also makes clear that, in addition to considering
subcontracting plan compliance under a past performance factor, a contracting officer also can create
an evaluation factor or sub-factor specifically for purposes of considering subcontracting plan past
performance. The final rule becomes effective August 15.
This Week’s Hearings:
o Tuesday, July 23: The House Armed Services Committee will hold a hearing on “Rebalancing to
the Asia-Pacific Region and Implications for U.S. National Security.”
o Tuesday, July 23: The House Armed Services Subcommittee on Military Personnel will hold a
hearing on “Women in Service Reviews.”
o Wednesday, July 24: The House Armed Services Subcommittee on Seapower and Projection
Forces will hold a hearing on “Acquisition and Development Challenges Associated with the
Littoral Combat Ship.”
o Thursday, July 25: The Senate Armed Services Committee will hold a confirmation hearing for the
following Defense Department nominees: Stephen Preston to be General Counsel; Jon Rymer to
be Inspector General; Susan Rabern to be Assistant Secretary of the Navy for Financial
Management and Comptroller; and Dennis McGinn to be Assistant Secretary of the Navy for
Energy, Installations, and Environment.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Stacy Swanson at 202-457-5627 or sswanson@pattonboggs.com, and John Sharp at 303-894-
6183 or jsharp@pattonboggs.com.
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Education
LEGISLATIVE ACTIVITY
Student Loan Interest Rates. A bipartisan group of senators, led Majority Whip Dick Durbin (D-IL),
announced another agreement on student loan interest rates last week. The deal, which represents a
new scheme that shifts to market-driven variable interest rates, was announced after Sen. Tom
Harkin (D-IA) ultimately agreed to support it. According to reports, the latest proposal would peg
interest rates to the 10-year Treasury note. For both the subsidized and unsubsidized undergraduate
loans, the proposed measure would add 2.05 percent and cap interest rates at 8.5 percent. For
graduate loans, the proposal would add 3.6 percent and cap interest rates at 9.5 percent, while PLUS
loans would be given a 4.6 percent plus up and a 10.5 percent cap. Additionally, the Congressional
Budget Office scored the proposal as providing a savings of $715 million over 10 years, which should
help garner other Republican support, particularly in the House.
Both Senate Majority Leader Harry Reid (D-NV) and House Speaker John Boehner (R-OH) have
indicated that they support the proposal, which means votes on the measure will likely occur this
week, even as early as Tuesday, July 23. There may be votes on alternatives that seem certain to fail
(again), as Senate Democratic leaders have not yet indicated that they have support from a majority
of their caucus. Several Democratic lawmakers not entirely happy with the agreement have noted
they intend to re-examine the issue again as part of the reauthorization process for the Higher
Education Act this fall.
Elementary and Secondary Education Act (ESEA) Reauthorization. On July 19, the House
passed the Student Success Act (H.R. 5) by a vote of 221-207. There were no Democrats who voted
for the bill, and 12 Republicans broke with the party to vote against the bill. Of the over 70
amendments filed, 26 amendments were considered and primarily addressed issues related to the
role of the federal government in education, teacher standards, minorities and students with
disabilities, and spending.
One of the bill’s major themes was reducing federal mandates and granting states considerable
flexibility in making educational decisions. Democrats, however, criticized the bill for failing to include
guaranteed standards and eliminating the Average Yearly Progress accountability system without
replacing it. The White House also issued a veto threat against H.R. 5 based on similar reasons
voiced by House Democrats.
In addition to the administration, there is a broad range of organizations who oppose the bill, including
the National Education Association, the American Federation of Teachers, Education Trust, the
National Council of La Raza, and the U.S. Chamber of Commerce. On July 18, the Chamber sent out
a key vote letter expressing concerns that the bill would not require states to adopt college- and
career-ready standards and assessments.
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We do not expect any further movement on the Student Success Act unless the Senate is able to
pass its version of the bill, which would likely initiate conferencing. In June, the Senate Health,
Education, Labor and Pensions Committee approved its bill (S. 1094), which aligns more closely with
House Democrats’ substitute amendment. While Senate leaders have informally slated floor debate
on S. 1094 to occur this fall, that timeline is likely to slip.
Comments on Higher Education Act Reauthorization. The deadline to submit comments to the
House Education and the Workforce Committee on the Higher Education Act reauthorization is
August 2.
Veterans Education. On July 18, the House Veterans Affairs Subcommittee on Economic
Opportunity advanced a bill (H.R. 2327) that would establish a Veterans Economic Opportunity
Administration in the Department of Veterans Affairs. The office would carry out education assistance,
vocational, housing, and small-business programs. The committee also approved a bill (H.R. 2210)
that would extend educational assistance under the Post-9/11 Educational Assistance Program to
children of servicemembers who pass away due to combat-related wounds after a medical discharge.
This Week’s Hearings:
o Tuesday, July 23: The Senate Homeland Security and Governmental Affairs Committee will hold
a hearing titled, “Improving Educational Outcomes for our Military and Veterans.”
o Wednesday, July 24: The House Science, Space and Technology Subcommittee on Research
and Technology will hold a hearing titled, “Technology Transfers at Research Institutes.”
o Wednesday, July 24: The House Education and the Workforce Committee will mark up the
Supporting Academic Freedom through Regulatory Relief Act (H.R. 2637).
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Amy Davenport, at 202-457-6528 or adavenport@pattonboggs.com, 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, July 23: The Senate Energy and Natural Resources Committee will hold a hearing on
the FAIR Act of 2013 (S. 1273), a bill to provide for additional federal-state royalty revenue
sharing from energy development. The House Natural Resources Committee will hold an
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oversight hearing on the status of the Stream Buffer Zone Rule and the economic impacts on 22
coal-producing states.
o Tuesday, July 23 through Wednesday, July 24: The House Energy and Commerce Subcommittee
on Energy and Power will hold oversight hearings to solicit stakeholder input on the Renewable
Fuels Standard.
o Wednesday, July 24: House Science Subcommittees will host a joint hearing on “Lessons
Learned: EPA’s Investigations of Hydraulic Fracturing.” A House Energy and Commerce
Subcommittee will hold a hearing on “Department of Energy Oversight: What Is Necessary to
Improve Project Management and Mission Performance?”
REGULATORY ACTIVITY
Offshore Drilling. The Bureau of Ocean Energy Management will prepare a Supplemental
Environmental Impact Statement for future lease sales in the Gulf of Mexico’s Western Planning
Area, for Lease Sale 238 (off Texas and Louisiana in 2014), Lease Sale 246 (in 2015), and Lease
Sale 248 (in 2016). Public scoping meetings will be held in Galveston, Texas on August 6 and in New
Orleans, Louisiana on August 8.
TRIA. Comments on the President’s Working Group on Financial Markets report to Congress on the
long-term availability and affordability of insurance for terrorism risk are due by September 16.
FERC/California. The Federal Energy Regulatory Commission will host a staff technical conference
in Sacramento on July 31 regarding the California Independent System Operator Corporation’s
proposal to implement an interim flexible capacity and local reliability resource retention mechanism
in the State’s wholesale electrical market.
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.
Environment
LEGISLATIVE ACTIVITY
EPA Confirmation Hearings. On Thursday, July 18, Gina McCarthy was confirmed as U.S.
Environmental Protection Agency (EPA) Administrator in a 59-40 Senate vote. Hearings will be held
this week on Wednesday, July 24, by the Senate Environment and Public Works Committee to
examine the nominations for additional positions at the EPA including Kenneth Kopocis, of Virginia, to
be an Assistant Administrator for the Office of Water; James Jones, of the District of Columbia, to be
Assistant Administrator for Toxic Substances; and Avi Garbow, of Virginia, to be General Counsel of
the EPA.
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This Week’s Hearings:
o Monday, July 22: The Senate Environment and Public Works Committee will hold a full committee
hearing to examine “Oversight of Army Corps of Engineers Water Management in the
Apalachicola-Chattahoochee-Flint (ACF) and Alabama-Coosa-Tallapoosa (ACT) River Systems.”
o Tuesday, July 23: The House Natural Resources Subcommittee on Energy and Mineral
Resources will hold an oversight hearing concerning the stream buffer zone rule in relation to
surface mining.
o Tuesday, July 23 through Wednesday, July 24: The House Energy and Commerce Subcommittee
on Energy and Power will hold a two-day hearing to examine the renewable fuel standard.
o Tuesday, July 23: The Senate Commerce, Science, and Transportation Subcommittee on
Oceans, Atmosphere, Fisheries and Coast Guard will hold a hearing to examine New England
and Mid-Atlantic perspectives on Magnuson-Stevens Act reauthorization. The Magnuson-Stevens
Act governs fisheries management in the United States.
o Thursday, July 25: The Senate Energy and Natural Resources Committee will hold a full
committee hearing to address funding the National Park System for the next century.
o Thursday, July 25: The Senate Energy and Natural Resources Subcommittee on Water and
Power will hold a hearing to address aging water resource infrastructure in the United States.
REGULATORY ACTIVITY
Border 2020 U.S.-Mexico Environmental Program. The EPA has announced $884,000 in grants
available for the U.S.-Mexico border region in Texas and New Mexico. Projects may include
improving air quality monitoring networks; developing applications for reusing water; developing
bilingual outreach campaigns to prevent illegal dumping; updating sister city plans; improving
understanding of each country’s compliance and enforcement roles; and other projects that may fulfill
the goals of the Border 2020 initiative. Eligibility is open to U.S. and Mexican non-governmental
organizations; local and state government agencies; industry associations; universities; and U.S.
tribes and Mexican indigenous communities. Proposal applications can be accessed via the EPA
Border 2020 website. All proposals must be submitted by August 29.
PCBs. The EPA is seeking nominations from individuals who represent small businesses, small
governments, and small not-for-profit organizations to provide input to a federal panel that will explore
changes to existing uses of polychlorinated biphenyls (PCBs). This panel will focus on the agency’s
development of a proposed rule to revise or end the existing authorized uses of PCBs as appropriate
if the conditions under which they were authorized more than 30 years ago have changed. This
rulemaking may address existing liquid-filled PCB use authorizations, PCBs in fluorescent light
ballasts, PCBs in natural gas pipelines, and regulatory language clarifications. Nominations may be
submitted via http://www.epa.gov/rfa/pcb.html by July 29.
Contact Information
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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
Senate Banking Committee Approves SEC, FHFA, CEA, and NCUA Nominees. On July 18, the
Senate Banking committee approved via voice vote the nominations of Ms. Kara Stein and Dr.
Michael Piwowar to be Commissioners of Securities and Exchange Commission (SEC), of Mr.
Richard Metsger to be a Member of the National Credit Union Association (NCUA), and of Dr. Jason
Furman to serve as Chairman of the Council of Economic Advisors (CEA). The Committee also
approved by voice vote an extension of current SEC Chairman Mary Jo White’s term into 2019. The
only nomination that required a roll call vote was that of Rep. Mel Watt (D-NC) to be Director of the
Federal Housing Finance Administration (FHFA). His nomination was narrowly approved by a 12-10
party line vote. All nominees will now be reported favorably to the Senate for consideration.
Senate Confirms Richard Cordray as Director of Consumer Financial Protection Bureau
(CFPB). Under threat of using the “nuclear” option by Senate Majority Leader Harry Reid (D-NV), the
Senate was able to reach an agreement that would allow Mr. Cordray’s nomination to be Director of
the CFPB to come up for a vote. Previously, Senate Republicans vowed to block any of President
Obama’s nominees, and the administration was forced to surreptitiously appoint Mr. Cordray as
Director during a Congressional recess in January 2012. The validity of this recess appointment, and
therefore the actions of the CFPB, were in dispute until July 16, when Mr. Cordray’s nomination was
officially confirmed in the Senate by a vote of 66-34.
This Week’s Hearings:
o Tuesday, July 23: The Senate Banking Subcommittee on Financial Institutions and Consumer
Protection will hold a hearing titled, “Examining Financial Holding Companies: Should Banks
Control Power Plants, Warehouses, and Oil Refineries?”
o Tuesday, July 23: The Senate Banking Subcommittee on Securities, Insurance, and Investment
will hold a hearing titled, “Creating a Housing Finance System Built to Last: Ensuring Access for
Community Institutions.”
o Tuesday, July 23: The House Agriculture Subcommittee on General Farm Commodities and Risk
Management will hold the second in a series of hearings on reauthorization of the CFTC titled,
“Future of the CFTC: Commission Perspectives.” CFTC Commissioners Mark Wetjen and Scott
O’Malia will testify.
o Tuesday, July 23: The House Financial Services Committee will hold a markup of the Protecting
American Taxpayers and Homeowners (PATH) Act of 2013.
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o Wednesday, July 24: The Senate Banking Committee will hold a hearing on The Federal Housing
Administration (FHA) Solvency Act of 2013. Department of Housing and Urban Development
Assistant Secretary Carol Galante will testify.
o Wednesday, July 24: The Senate Special Aging Committee will hold a hearing titled, “Payday
Loans: Short-term Solution or Long-term Problem?”
o Wednesday, July 24: The House Agriculture Subcommittee on General Farm Commodities and
Risk Management will hold the third in a series of hearings on CFTC reauthorization titled,
“Future of the CFTC: End User Perspectives.”
EXECUTIVE BRANCH ACTIVITY
SEC to Hold Meeting of Dodd-Frank Investor Advisory Committee. On Thursday, July 25, the
SEC will hold a meeting of the Dodd-Frank Investor Advisory Committee. The agenda for the meeting
includes: Investor as Owner Subcommittee recommendation regarding data tagging; Investor as
Owner Subcommittee recommendation regarding the use of universal proxy ballots; and
subcommittee reports.
Federal Reserve Chairman Ben Bernanke Testifies Before House and Senate Committees. On
July 17 and July 18, Federal Reserve Chairman Ben Bernanke testified before the House Financial
Services Committee and the Senate Banking Committee to deliver the Federal Reserve’s Semi-
Annual Monetary Report to Congress. During his testimony he made several remarks of note.
Chairman Bernanke repeatedly cited spending cuts and tax increases as a near-term drag on
economic growth and warned that another debt-ceiling showdown could kill the economy’s fragile
growth momentum. The chairman also stated that new measures, including legislation, may merit
consideration if concerns about “too big to fail” banks are not adequately addressed by the end of
2014. He also stated that the Federal Reserve was considering plans to disclose details to borrowers
whose foreclosure files were examined as part the independent foreclosure review that was nixed
earlier this year in favor of a $9.3 billion settlement with banks.
FSOC Designates Systemically Important Institutions. Last week, the Financial Stability Oversight
Council (FSOC) designated AIG, GE Capital, and Prudential as “systemically important financial
institutions” (SIFIs), making them subject to greater oversight by the Federal Reserve. AIG and GE
Capital accepted the designation, but Prudential plans to appeal it. On July 16, MetLife announced it
was in the final stages of consideration for SIFI designation by the FSOC and decried the possible
designation as inappropriate.
FSB Designates G-SIIs and IAIS Releases Policy Measures for Designated Companies. On July
17, the FSB released its initial designations for systemically important insurers (G-SIIs). The insurers
designated are: Prudential Insurance, MetLife, AIG, Allianz SE, Assicurazioni Generali S.p.A., Aviva
plc, AXA S.A., Inc., Ping An Insurance Group Company of China, Ltd., and Prudential Financial, Inc.
Additionally, the International Association of Insurance Supervisors released proposed final policy
measures and assessment methodologies for G-SIIs.
Contact Information
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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
Energy and Commerce and SGR Reform. Last week, the House Committee on Energy and
Commerce released updated draft legislation that addresses physician payments under Medicare and
reforms the sustainable growth rate. While Republicans Chairman Fred Upton (R-MI), Health
Subcommittee Chairman Joe Pitts (R-PA), and Michael Burgess (R-TX) have been active in the
drafting process, the draft now claims bipartisan status with the support of Ranking Member Henry
Waxman (D-CA), Health Subcommittee Ranking Member Frank Pallone (D-NJ), and the Dean of the
House, Cong. John Dingell (D-MI). The draft would update physician payments by 0.5 percent during
a transition phase to a new enhanced fee-for-service system, with updates based on performance
and quality. The Congressional Budget Office (CBO) has previously scored SGR repeal at $139
billion over ten years, but this draft does not currently include a full offset.
This Week’s Hearings:
o Monday, July 22: The House Committee on Energy and Commerce Health Subcommittee will
hold a markup of the committee print to amend title XVIII of the Social Security Act to reform the
sustainable growth rate and Medicare payment for physicians’ services.
o Tuesday, July 23: The House Committee on Energy and Commerce will continue its markup of
the sustainable growth rate reform committee print. The House Committee on Education and the
Workforce Subcommittee on Health, Education, Labor and Pensions and the Subcommittee on
Workforce Protections will hold a joint hearing on “The Employer Mandate: Examining the Delay
and its Effect on Workplaces.” The Senate Judiciary Committee will hold a hearing on “Pay-for-
Delay Deals: Limiting Competition and Costing Consumers.” The House Veterans’ Affairs
Committee will also hold a Health Subcommittee markup of pending health legislation.
o Wednesday, July 24: The Senate Committee on Finance will hold a hearing on “Health
Information Technology: Using it to Improve Care.” The Senate Committee on Small Business
and Entrepreneurship will hold a hearing on small business concerns regarding implementation of
the Affordable Care Act (ACA).
EXECUTIVE BRANCH ACTIVITY
Falls Prevention Trial. The National Institute on Aging is “seeking applications from researchers for
a clinical trial to prevent serious injuries resulting from falls in older people. The request, part of an
initiative by the new Falls Injuries Prevention Partnership between NIA and the Patient Centered
Outcomes Research Institute (PCORI), represents a unique collaboration joining scientists with
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clinicians and patients in pursuit of an effective strategy. PCORI will commit up to $30 million to the
effort, and NIA will administer the project, including the application process and peer review.”
Open Payments Mobile Apps. The Centers for Medicare & Medicaid Services (CMS) introduced
“two free mobile device applications (apps) to help physicians and health care industry users to track
their payments and other financial transfers the industry will report under the OPEN PAYMENTS
program (Physician Payments Sunshine Act).” Created by a provision of the ACA, “OPEN
PAYMENTS creates greater public transparency about the financial transactions between doctors,
teaching hospitals, drug and device manufacturers, and other health care businesses.”
CMS: Data Demonstrates EHR Success. CMS released new data demonstrating that “doctors and
hospitals are using electronic health records (EHRs) to provide more information securely to patients
and are using that information to help manage their patients’ care.” CMS states that “approximately
80 percent of eligible hospitals and more than 50 percent of eligible professionals have adopted
EHRs and received incentive payments from Medicare or Medicaid.”
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
Secretary of Homeland Security. After Secretary of Homeland Security Janet Napolitano’s
announcement last week that she will be stepping down from her position, it remains unclear who will
be chosen to replace her as the head of the Department of Homeland Security (DHS). Several names
have been mentioned in connection with a possible nomination, including New York City Police
Commissioner Ray Kelly, Acting DHS Deputy Secretary and Director of the National Protection and
Programs Directorate (NPPD) Rand Beers, and former Coast Guard Commandant Thad Allen.
Homeland Security Appropriations. Last week, the Senate Appropriations Committee approved its
FY 2014 Homeland Security appropriations bill, which would provide $46.4 billion in total for DHS and
its related programs. The Senate and House discretionary funding levels in their respective Homeland
Security appropriations measures are only $200 million apart, unlike many other FY 2014
appropriations bills, which have seen major differences in overall funding levels. The Senate bill
would provide $7.4 billion for the Transportation Security Administration, $12.4 billion for Customs
and Border Protection, and $5.4 billion for Immigration and Customs Enforcement. The bill also
includes an increase in funding for the NPPD’s Infrastructure Protection and Information Security
Program, providing $803.8 million for FY 2014. The Senate has not announced when it plans to take
up its FY 2014 Homeland Security appropriations bill on the floor.
This Week’s Hearings:
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o Tuesday, July 23: At 10:00 am, the House Homeland Security Subcommittee on Border and
Maritime Security will hold a hearing titled, “A Study in Contrasts: House and Senate Approaches
to Border Security.”
o Thursday, July 25: At 11:00 am, the Senate Homeland Security and Governmental Affairs
Committee will hold a confirmation hearing for Alejandro Mayorkas to be Deputy Secretary of
Homeland Security.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Amy Davenport at 202-457-6528 or adavenport@pattonboggs.com, and Norma Krayem, at 202-
457-5206 or nkrayem@pattonboggs.com.
International
EXECUTIVE AND LEGISLATIVE BRANCH ACTIVITY
Egypt. The State Department continues to call for an end to perceived arbitrary arrests in Egypt.
Despite reported calls in Egypt by Islamists and the opposition for U.S. Ambassador Ann Patterson to
leave Cairo, the State Department maintains its support for the embattled veteran Foreign Service
officer. Meanwhile, Deputy Secretary of State Bill Burns stopped in Egypt early last week to meet with
interim government officials.
Syria. Last week, Sen. John McCain (R-AZ) reportedly threatened to put a hold on the re-nomination
of the Joint Chiefs of Staff Chairman Gen. Martin Dempsey. The senator is apparently seeking
answers from the chairman on U.S. policy toward Syria. Meanwhile, the media reports the fractured
Syrian opposition is losing momentum to Assad forces, noting there is increased fighting among the
various rebel groups.
Middle East Peace Talks. Last week, Secretary of State John Kerry, accompanied by U.S.
Ambassador to Syria Robert Ford, travelled to Jordan to discuss the situation in Syria. While in
Amman, the secretary participated in the Arab League Peace Initiative Meeting; met with Jordanian
Foreign Minister Nasser Judeh and King Abdullah II; and separately met with Palestinian Chief
Negotiator Saeb Erekat to revive the peace talks with Israel. Secretary Kerry delayed his return to
Washington and next travelled to Ramallah to meet with Palestinian President Mahmoud Abbas. Also
last week, President Obama called Israeli Prime Minister Benjamin Netanyahu to urge him to resume
negotiations with the Palestinians “as soon as possible.”
Vice Presidential Trip. On Monday, July 22, Vice President Biden arrives in India. His week-long trip
includes a stop in Singapore.
Russia. The White House signaled last week that President Obama may scrap planned bilateral talks
with Russian President Vladimir Putin ahead of the September G-20 Summit in St. Petersburg,
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Russia, if Edward Snowden is granted asylum by Russia. The United States continues to press for
Snowden’s return to face judicial proceedings for leaking top-secret classified information.
Appropriations. On July 19, the House Appropriations Committee marked up its $40.6 billion FY
2014 State-Foreign Operations appropriations bill for the State Department. The House bill will
provide approximately $8 billion less in discretionary funding than the administration requested.
Significant cuts were made to the economic and development assistance funds, and the bill also
denies the administration’s requests for a new fund to address the political and economic
circumstances in the Middle East and North Africa. However, the House Appropriations Committee
noted that “programs that support global health and humanitarian assistance are prioritized, such as
State Department and USAID international HIV/AIDS programs, which are funded at the requested
level of $6 billion.” The committee also maintained funding levels for U.S. Embassy security.
In response, the State Department expressed concern over the 41 percent cut to the economic and
development assistance account. The agency emphasized such a cut “would dramatically reduce our
assistance to countries like Afghanistan, Pakistan, Mexico, Colombia, South Sudan, Somalia, and
Burma. It would also force us to scale back the Feed the Future program, setting back progress to
reduce poverty in Africa by improving agricultural productivity.” This Tuesday, the Senate
Appropriations State and Foreign Operations Subcommittee will hold a markup of the Senate’s FY
2014 State-Foreign Operations Appropriations bill. The Senate draft bill should be released this week.
Trade. On Thursday, July 25, President Obama will host Vietnamese President Truong Tan Sang.
Topics of discussion are expected to include the Trans-Pacific Partnership (TPP) negotiations, and
Vietnam’s desire to see increased market access for its textiles and apparel. The United States, in
turn, seeks to level the playing field in competing with Vietnam’s state-owned enterprises and wants
more intellectual property rights protections. The 18th round of TPP negotiations will conclude this
Friday in Kota Kinabalu, Malaysia. After Canada announced it could not host the next full negotiating
round, the 19th session is now expected to be held in Brunei. The negotiators also moved up the next
round of negotiations to August 2014.
On July 18, U.S. Trade Representative (USTR) Michael Froman testified before the House Ways and
Means Committee on President Obama’s trade policy agenda. He affirmed the administration’s
commitment toward renewing the Generalized System of Preferences, which expires July 31, and the
“seamless renewal” of the African Growth & Opportunity Act before it expires in 2015. USTR Froman
also testified that lack of funding is hamstringing U.S. negotiators and impacting enforcement
activities. Furthermore, USTR Froman issued a statement of disappointment following the suspension
of negotiations in Geneva, Switzerland, toward an expanded Information Technology Agreement at
the World Trade Organization.
Nominations & Confirmations. Last week, President Obama announced his intention to nominate
the following individuals: Nisha Desai Biswal to be Assistant Secretary of State for South and Central
Asian Affairs; Beth Robinson to be Under Secretary of Energy; Julia Frifield to be Assistant Secretary
of State for Legislative Affairs; Tim Broas to be U.S. Ambassador to the Netherlands; and Adam
Scheinman to be the Special Representative of the President for Nuclear Nonproliferation at the State
Department. On Tuesday and Wednesday, the Senate Foreign Relations Committee will hold
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confirmation hearings for multiple U.S. Ambassador nominees and also Ambassador Linda Thomas-
Greenfield to be Assistant Secretary of State for African Affairs.
This Week’s Hearings:
o Tuesday, July 23: The Senate Foreign Relations Committee will hold a confirmation hearing for
the following to be U.S. Ambassadors: Joseph Yun (Malaysia); Daniel Clune (Laos); and Morrell
John Berry (Australia).
o Tuesday, July 23: The Senate Foreign Relations Committee will hold a business meeting to
consider S. Res. 156 and the following nominations: Victoria Nuland to be Assistant Secretary of
State for European and Eurasian Affairs; Douglas Lute to be U.S. Permanent Representative on
the Council of the North Atlantic Treaty Organization; and Daniel Baer to be U.S. Representative
to the Organization for Security and Cooperation in Europe.
o Tuesday, July 23: The Senate Appropriations State and Foreign Operations Subcommittee will
hold a markup of the Senate FY 2014 State-Foreign Operations Appropriations bill.
o Tuesday, July 23: The House Foreign Affairs Subcommittee on Asia and the Pacific will hold a
hearing on “The Cyber Security Battleground.”
o Wednesday, July 24: The Senate Foreign Relations Committee will hold a confirmation hearing
for Ambassador Linda Thomas-Greenfield to be Assistant Secretary of State for African Affairs,
and the following to be U.S. Ambassadors: James Entwistle (Nigeria); Patricia Haslach (Ethiopia);
Stephanie Sanders Sullivan (Republic of the Congo); and Patrick Gaspard (South Africa).
o Wednesday, July 24: The Senate Foreign Relations Committee will hold another hearing on the
“Rebalance to Asia III: Protecting the Environment and Ensuring Food and Water Security in East
Asia and the Pacific.”
o Wednesday, July 24: The Senate Judiciary Subcommittee on the Constitution, Civil Rights and
Human Rights will hold a hearing on “Closing Guántanamo: The National Security, Fiscal, and
Human Rights Implications.”
o Wednesday, July 24: The House Foreign Affairs Committee will mark up the following bills: H.R.
2449, to authorize the president to extend the term of the Agreement for Cooperation between
the United States and the Republic of Korea concerning civil uses of nuclear energy; H.R. 1409,
the Export Promotion Reform Act; and H.R. 1926, the State Trade Coordination Act.
o Wednesday, July 24: The House Foreign Affairs Subcommittee on the Western Hemisphere will
hold a hearing to examine the “Challenges to Democracy in the Western Hemisphere.”
o Thursday, July 25: The House Foreign Affairs Subcommittee will hold a hearing on the “Emerging
Threat of Resource Wars.”
Contact Information
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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.
Technology and Communications
LEGISLATIVE AND REGULATORY ACTIVITY
E-rate Modernization. The FCC adopted a notice of proposed rulemaking (NPRM) during its Open
Meeting on July 19, seeking comment on rules to update and modernize the E-rate program in order
to support high-speed broadband for digital educational technology in classrooms and libraries. FCC
staff indicated that they have three goals in the proceeding: (1) to ensure that schools and libraries
have affordable and robust broadband access that supports digital learning; (2) to maximize the cost
effectiveness of E-rate purchases; and (3) to streamline the E-rate Program.
E-rate Hearing. Last week the Senate Commerce Committee held a hearing on the E-rate Program,
which was originally authored by Committee Chairman Jay Rockefeller (D-WV) and championed by
new Sen. Ed Markey (D-MA) while he was in the House. Republicans criticized, and Democrats
supported, the E-rate Program. Ranking Member John Thune (R-SD) expressed support for FCC
Commissioner Ajit Pai’s recently announced student-centered E-rate proposal due to its cost-
matching requirement, but warned that the President’s ConnectED Initiative could exclude many
students in rural areas. Sen. Kelly Ayotte (R-NH) complained that her state benefits the least from
USF funding relative to its contributions, and Sen. Ron Johnson (R-WI) argued that it is “not working
all that well.” Sen. Richard Blumenthal (D-CT) called the E-rate Program “a real American success
story” and Chairman Rockefeller called its impact “nothing short of extraordinary.”
E-rate FCC Forms 470 and 471 Changes. On July 17, the FCC released a Public Notice seeking
comment on proposed revisions to FCC Forms 470 and 471, which are used by applicants seeking
support from the E-rate Program. The proposed changes to the forms include inquiring about
broadband connectivity based on individual funding requests and requesting additional information
about the current number of broadband connections, their type, and speeds. The FCC also proposes
consolidating funding requests for telecommunications and Internet access services into one field on
the FCC Form 470. Comments are due by August 16, 2013, and replies are due by August 30, 2013.
Improving Access to Accessible Services. The FCC adopted an order and a further NPRM setting
minimum standards for the Speech-to-Speech Relay Program and seeking comment on ways to
improve the efficiency and effectiveness of the that Program. Comments and reply comments will be
due after the further NPRM is released and published in the Federal Register. The FCC’s Consumer
and Governmental Affairs, Wireless Telecommunications, and Media Bureaus reported during the
FCC’s Open Meeting on the status of the FCC’s implementation of the 21st
Century Communications
and Video Accessibility Act (CVAA).
AWS H Block. The FCC announced that the AWS H Block spectrum license auction, 1915-1920
MHz (Lower H Block) and 1995-2000 MHz (Upper H Block), will take place on January 14, 2014. The
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FCC seeks comments on the proposed structure, design, and bidding procedures for the auction.
Comments are due by August 5, and reply comments are due by August 16.
Incentive Auction Hearing. The House Energy and Commerce Subcommittee on Communications
and Technology will hold an oversight hearing regarding the federal government’s efforts to
implement the incentive auction requirements under the JOBS Act. Witnesses will include Rick
Kaplan, Executive Vice President for the National Association of Broadcasters; Gary Epstein, FCC
Chair for the Incentive Auction Taskforce; Preston Padden, Executive Director for the Expanding
Opportunities for Broadcasters Coalition; Kathleen Ham, Vice President of Regulatory Affairs for T-
Mobile US; Harold Feld, Senior Vice President for Public Knowledge; and Joan Marsh, Vice President
for Federal Regulatory Affairs at AT&T.
Spectrum Legislation. Reps. Brett Guthrie (R-KY) and Doris Matsui (D-CA), the co-chairs for the
House Energy and Commerce Committee’s Spectrum Working Group, recently introduced the
Efficient Use of Government Spectrum Act, which seeks to reallocate and auction federally held
spectrum in the 1755-1780 MHz band. The legislation follows last month’s hearing held by the
Subcommittee on Communications and Technology, titled “Equipping Carriers and Agencies in the
Wireless Era,” and signals growing bipartisan interest in reallocating federally managed spectrum that
could be used for private commercial purposes.
Wireline Hearing. The Senate Commerce Subcommittee on Communications, Technology and the
Internet will hold a hearing on Thursday, July 24, on the state of wireline competition. The
subcommittee has previously held hearings on the state of the wireless and video industries. Possible
topics for the wireline hearing include: network emergency resilience, rural broadband access, and
Universal Service Fund programs.
Copyright Hearings. House Judiciary Committee Chairman Bob Goodlatte (R-VA) and
Subcommittee on Courts, Intellectual Property and the Internet Chairman Howard Coble (R-NC)
announced that the Subcommittee will hold two hearings before the August recess that examine
current copyright law.
Video Competition Report. The FCC adopted its Fifteenth Report on the status of competition in the
market for the delivery of video programming. During the FCC’s July 19 Open Meeting, the Media
Bureau reported that the deployment of digital technology is increasing consumer access to video
programming anywhere and anytime. Some consumers now have access to four different video
providers, consumers are increasingly watching online video programming on television sets, and the
number of households relying on over-the-air broadcast service remained steady at approximately
11.1 million households.
This Week’s Hearings, Meetings, and Deadlines:
o Monday, July 22: Questions from respondents regarding the 10 Requests for Information
released by the First Responders Network Authority (FirstNet) on July 10 are due.
o Wednesday, July 24: NTIA Spectrum Management Advisory Committee meeting.
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o Thursday, July 25: The Senate Commerce Subcommittee on Communications, Technology and
the Internet will hold a hearing on the state of wireline competition.
o Thursday, July 25: NTIA Public Meeting on Developing a Consumer Privacy Code of Conduct for
Mobile Applications. NTIA is overseeing the multi-stakeholder development of a code of conduct
to provide transparency in how companies providing applications and interactive services for
mobile devices handle personal data.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Jennifer Richter at 202-457-5666 or jrichter@pattonboggs.com.
Transportation and Infrastructure
LEGISLATIVE ACTIVITY
Transportation Appropriations. Both the House (H.R. 2610) and Senate (S. 1243) Transportation-
HUD appropriations bills are poised for floor consideration before the August recess. In the House,
there has been delay in Rules Committee action and in bringing the bill to the floor, but the intention is
to consider it before the month-long August recess. In the Senate, leadership has also indicated its
intent to seek floor consideration before the break. Reflecting the differing positions on sequester and
overall domestic discretionary budget allocations, and the appropriations battle that looms ahead, the
House and Senate bills are marked by dramatically different top line numbers – more than $10 billion
apart.
This Week’s Hearings:
o Tuesday, July 23: The House Transportation and Infrastructure Committee will hold a hearing on
“How the Financial Status of the Highway Trust Fund Impacts Surface Transportation Programs.”
o Wednesday, July 24: The Senate Environment and Public Works Committee will hold a cull
committee hearing on “Oversight on Implementation of MAP-21’s TIFIA Program Enhancements.”
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Jared Fleisher at 202-457-6341 or jfleisher@pattonboggs.com, and Jessica Monahan at 202-
457-6302 or jmonahan@pattonboggs.com.