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 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 will meet today in a pro forma session with no votes expected. On Tuesday and Wednesday, the House will consider several bills under suspension of the rules and on the House floor. The Senate will consider executive nominations today and a continuing resolution this week that may include some appropriations bills. Hearings are scheduled in both the House and Senate on various topics including cybersecurity, education, defense, and immigration.
The document provides information on upcoming legislative activities and regulatory actions related to the environment. It notes that the House Science, Space and Technology Committee has created a new Subcommittee on Environment and the House Natural Resources Committee has established a Subcommittee on Public Lands and Environmental Regulation. The EPA has also updated the rule for pathogens in drinking water, setting a limit for E. coli and requiring water systems to notify the public if that limit is exceeded.
The 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 document summarizes domestic and foreign policy matters from December 21, 2012. On the domestic front, it discusses ongoing fiscal cliff negotiations and debates around gun control legislation in response to the Sandy Hook shooting. In foreign policy, it outlines developments regarding the Benghazi attack investigation, the situations in Syria, Mali, and other countries, and meetings between US and other world leaders.
The document provides a summary of various domestic and foreign policy matters from the past week. On the domestic front, negotiations continued on averting the fiscal cliff with competing proposals from the White House and House Republicans. Internationally, the US recognized the Syrian opposition coalition and sent missiles to Turkey in response to the conflict in Syria. North Korea launched a long-range rocket, violating UN resolutions. The US also imposed new sanctions on Iran and its nuclear program. Ambassador Rice withdrew her name from consideration for Secretary of State.
The House will meet on February 4th to consider three bills under suspension of the rules. Votes will be postponed until 6:30pm. The Senate will meet to resume consideration of the Violence Against Women Act. The document also provides summaries of legislative activity regarding the debt ceiling, immigration reform, competitive foods regulations, the federal budget and sequestration, cybersecurity, and energy taxes and regulatory hearings.
The 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 will meet today in a pro forma session with no votes expected. On Tuesday and Wednesday, the House will consider several bills under suspension of the rules and on the House floor. The Senate will consider executive nominations today and a continuing resolution this week that may include some appropriations bills. Hearings are scheduled in both the House and Senate on various topics including cybersecurity, education, defense, and immigration.
The document provides information on upcoming legislative activities and regulatory actions related to the environment. It notes that the House Science, Space and Technology Committee has created a new Subcommittee on Environment and the House Natural Resources Committee has established a Subcommittee on Public Lands and Environmental Regulation. The EPA has also updated the rule for pathogens in drinking water, setting a limit for E. coli and requiring water systems to notify the public if that limit is exceeded.
The 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 document summarizes domestic and foreign policy matters from December 21, 2012. On the domestic front, it discusses ongoing fiscal cliff negotiations and debates around gun control legislation in response to the Sandy Hook shooting. In foreign policy, it outlines developments regarding the Benghazi attack investigation, the situations in Syria, Mali, and other countries, and meetings between US and other world leaders.
The document provides a summary of various domestic and foreign policy matters from the past week. On the domestic front, negotiations continued on averting the fiscal cliff with competing proposals from the White House and House Republicans. Internationally, the US recognized the Syrian opposition coalition and sent missiles to Turkey in response to the conflict in Syria. North Korea launched a long-range rocket, violating UN resolutions. The US also imposed new sanctions on Iran and its nuclear program. Ambassador Rice withdrew her name from consideration for Secretary of State.
The House will meet on February 4th to consider three bills under suspension of the rules. Votes will be postponed until 6:30pm. The Senate will meet to resume consideration of the Violence Against Women Act. The document also provides summaries of legislative activity regarding the debt ceiling, immigration reform, competitive foods regulations, the federal budget and sequestration, cybersecurity, and energy taxes and regulatory hearings.
The 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.
What Congress has to get done before Dec 31st 2014 Votetocracy
Contains a detailed review of what Congress has to get done by the end of 2014. Including deadline driven legislation and critical issues such as ISIS, Minimum Wage, Ban on Internet Taxes, Ukraine, Border Control and more.
The document summarizes various domestic and foreign policy matters from July 20, 2012. On domestic issues, it discusses ongoing congressional debates around the fiscal year 2013 budget and efforts to repeal parts of the Affordable Care Act. It also covers developments regarding sequestration and cybersecurity legislation. On foreign policy, key topics included the ongoing civil war in Syria, tensions with Iran over its nuclear program, a terrorist attack in Bulgaria, and trade relations with Russia.
The document summarizes the 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 House will meet on February 12 for morning hour at 12:00 pm and legislative business at 2:00 pm, recessing by 5:30 pm for a security sweep prior to the President's State of the Union address at approximately 8:35 pm. On February 13-14, the House will meet at 10:00 am for morning hour and 12:00 pm for legislative business, with last votes expected no later than 3:00 pm. The Senate will convene on February 11 at 2:00 pm to consider the Violence Against Women Act. Legislation to be considered in the House includes bills related to hydropower regulation, renewable energy promotion, and support for veteran emergency medical technicians.
The document discusses recent legislative activity in Congress and regulatory actions by federal agencies. It covers topics such as the fiscal cliff negotiations, defense appropriations, agriculture issues including a potential one-year farm bill extension, education reforms, and energy policies including a natural gas export study. Upcoming hearings are also noted on various topics.
The document summarizes domestic and foreign policy matters from July 27, 2012. On domestic issues, it discusses negotiations around the fiscal year 2013 budget and efforts to avoid automatic spending cuts. It also covers debates around extending tax cuts and passing a new farm bill. On foreign policy, it provides updates on the conflicts in Syria and Iran's nuclear program. It also notes diplomatic meetings and discussions between U.S. officials and other countries on issues like human rights, trade, and global health initiatives.
The document summarizes recent domestic and foreign policy matters in the United States. On the domestic front, it discusses ongoing budget and fiscal negotiations, healthcare reform legislation, farm bill negotiations, and tax policy discussions. On foreign policy, it outlines discussions at the UN on Syria, new US sanctions on Iran, eased sanctions on Burma to allow new US investment, and recent international travel by Secretary of State Clinton to countries in Asia and Africa to discuss bilateral relations and issues like territorial disputes in the South China Sea.
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 summarizes domestic and foreign policy matters from January 4, 2013. On the domestic front, it discusses the fiscal cliff compromise that was reached and passed by Congress. It also discusses aid for Hurricane Sandy being approved in two installments. For foreign policy, it discusses Secretary Clinton being hospitalized for a blood clot and the Benghazi investigation findings. It also provides updates on situations in Syria, Iran, North Korea, Central African Republic, Iraq, Egypt, Venezuela, and Yemen.
Deficit-Financed Extension of Research Tax Credits Gets Nod from HouseCBIZ, Inc.
Several days of hotly contested debate over legislation that would make the Code Sec. 41 research tax credit permanent gave way to a bipartisan vote for House passage on May 9. House lawmakers approved the American Research and Competitiveness Bill of 2014 (HR 4438) over the objections of Democratic leaders, who faulted the bill because its 10-year cost of $155.5 billion will be added to the federal deficit.
This document provides an analysis of President Obama's 2013 State of the Union address and the political context surrounding key issues like the budget, taxes, and the economy. It discusses:
1) The challenges of a divided Congress and the President finding agreement on major issues.
2) The looming spending cuts from sequestration that are set to begin on March 1st absent a deal between Congress and the White House.
3) Ongoing efforts in Congress to pass comprehensive tax reform, though the political environment remains challenging.
Protiviti Flash report details key developments from the first 100 days of the Trump administration, from a business perspective. For more information, go to http://ow.ly/NDPm30bjnfB
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.
Big Data & Government - Harnessing the Power of Open DataSylvia Ogweng
1. Big data analytics can improve government efficiency and effectiveness across areas like crime prediction and prevention, healthcare, and social programs if privacy issues are addressed.
2. Open data refers to structured data that is publicly accessible online, and governments are increasingly embracing open data to increase transparency and engage citizens.
3. However, privacy remains a major challenge, as seen with Canada's Bill C-51, which aims to increase information sharing between agencies but has alarmed privacy advocates due to its broad scope and lack of oversight. Addressing these issues is key to realizing big data's benefits.
Senate Bill 27: The Wildlife Trafficking Enforcement Act of 2015 aims to increase enforcement and penalties for large-scale violations of wildlife trafficking laws. The bill applies existing laws against organized crime and money laundering to wildlife trafficking crimes over $10,000. Funds from convictions will support conservation of impacted species. This report outlines an implementation strategy called "Operation Tiger" to achieve the goals of S.27 through enhanced enforcement, international cooperation, and generating conservation funds.
Article assignment ndaa 2012 indefinate detention and loss of due process of lawWayne Williams
Students will examine the National Defense Authorization Act of 2012; specifically, Clauses 1021 and 1022 and the loss of citizens rights to due process of law.
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.
The House will meet this week to consider several bills under suspension of the rules, including ones relating to flood insurance, the FHA, and permitting candidates to designate funds disbursers after death. The Senate will consider the nomination of Stephanie Rose to be a circuit court judge. Congress has agreed to a 6-month continuing resolution to fund the government through March 2013 at current spending levels to avoid a pre-election fiscal showdown. The Obama administration is expected to issue an executive order on cybersecurity given Congress's failure to pass legislation on the issue.
The House will 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 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.
What Congress has to get done before Dec 31st 2014 Votetocracy
Contains a detailed review of what Congress has to get done by the end of 2014. Including deadline driven legislation and critical issues such as ISIS, Minimum Wage, Ban on Internet Taxes, Ukraine, Border Control and more.
The document summarizes various domestic and foreign policy matters from July 20, 2012. On domestic issues, it discusses ongoing congressional debates around the fiscal year 2013 budget and efforts to repeal parts of the Affordable Care Act. It also covers developments regarding sequestration and cybersecurity legislation. On foreign policy, key topics included the ongoing civil war in Syria, tensions with Iran over its nuclear program, a terrorist attack in Bulgaria, and trade relations with Russia.
The document summarizes the 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 House will meet on February 12 for morning hour at 12:00 pm and legislative business at 2:00 pm, recessing by 5:30 pm for a security sweep prior to the President's State of the Union address at approximately 8:35 pm. On February 13-14, the House will meet at 10:00 am for morning hour and 12:00 pm for legislative business, with last votes expected no later than 3:00 pm. The Senate will convene on February 11 at 2:00 pm to consider the Violence Against Women Act. Legislation to be considered in the House includes bills related to hydropower regulation, renewable energy promotion, and support for veteran emergency medical technicians.
The document discusses recent legislative activity in Congress and regulatory actions by federal agencies. It covers topics such as the fiscal cliff negotiations, defense appropriations, agriculture issues including a potential one-year farm bill extension, education reforms, and energy policies including a natural gas export study. Upcoming hearings are also noted on various topics.
The document summarizes domestic and foreign policy matters from July 27, 2012. On domestic issues, it discusses negotiations around the fiscal year 2013 budget and efforts to avoid automatic spending cuts. It also covers debates around extending tax cuts and passing a new farm bill. On foreign policy, it provides updates on the conflicts in Syria and Iran's nuclear program. It also notes diplomatic meetings and discussions between U.S. officials and other countries on issues like human rights, trade, and global health initiatives.
The document summarizes recent domestic and foreign policy matters in the United States. On the domestic front, it discusses ongoing budget and fiscal negotiations, healthcare reform legislation, farm bill negotiations, and tax policy discussions. On foreign policy, it outlines discussions at the UN on Syria, new US sanctions on Iran, eased sanctions on Burma to allow new US investment, and recent international travel by Secretary of State Clinton to countries in Asia and Africa to discuss bilateral relations and issues like territorial disputes in the South China Sea.
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 summarizes domestic and foreign policy matters from January 4, 2013. On the domestic front, it discusses the fiscal cliff compromise that was reached and passed by Congress. It also discusses aid for Hurricane Sandy being approved in two installments. For foreign policy, it discusses Secretary Clinton being hospitalized for a blood clot and the Benghazi investigation findings. It also provides updates on situations in Syria, Iran, North Korea, Central African Republic, Iraq, Egypt, Venezuela, and Yemen.
Deficit-Financed Extension of Research Tax Credits Gets Nod from HouseCBIZ, Inc.
Several days of hotly contested debate over legislation that would make the Code Sec. 41 research tax credit permanent gave way to a bipartisan vote for House passage on May 9. House lawmakers approved the American Research and Competitiveness Bill of 2014 (HR 4438) over the objections of Democratic leaders, who faulted the bill because its 10-year cost of $155.5 billion will be added to the federal deficit.
This document provides an analysis of President Obama's 2013 State of the Union address and the political context surrounding key issues like the budget, taxes, and the economy. It discusses:
1) The challenges of a divided Congress and the President finding agreement on major issues.
2) The looming spending cuts from sequestration that are set to begin on March 1st absent a deal between Congress and the White House.
3) Ongoing efforts in Congress to pass comprehensive tax reform, though the political environment remains challenging.
Protiviti Flash report details key developments from the first 100 days of the Trump administration, from a business perspective. For more information, go to http://ow.ly/NDPm30bjnfB
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.
Big Data & Government - Harnessing the Power of Open DataSylvia Ogweng
1. Big data analytics can improve government efficiency and effectiveness across areas like crime prediction and prevention, healthcare, and social programs if privacy issues are addressed.
2. Open data refers to structured data that is publicly accessible online, and governments are increasingly embracing open data to increase transparency and engage citizens.
3. However, privacy remains a major challenge, as seen with Canada's Bill C-51, which aims to increase information sharing between agencies but has alarmed privacy advocates due to its broad scope and lack of oversight. Addressing these issues is key to realizing big data's benefits.
Senate Bill 27: The Wildlife Trafficking Enforcement Act of 2015 aims to increase enforcement and penalties for large-scale violations of wildlife trafficking laws. The bill applies existing laws against organized crime and money laundering to wildlife trafficking crimes over $10,000. Funds from convictions will support conservation of impacted species. This report outlines an implementation strategy called "Operation Tiger" to achieve the goals of S.27 through enhanced enforcement, international cooperation, and generating conservation funds.
Article assignment ndaa 2012 indefinate detention and loss of due process of lawWayne Williams
Students will examine the National Defense Authorization Act of 2012; specifically, Clauses 1021 and 1022 and the loss of citizens rights to due process of law.
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.
The House will meet this week to consider several bills under suspension of the rules, including ones relating to flood insurance, the FHA, and permitting candidates to designate funds disbursers after death. The Senate will consider the nomination of Stephanie Rose to be a circuit court judge. Congress has agreed to a 6-month continuing resolution to fund the government through March 2013 at current spending levels to avoid a pre-election fiscal showdown. The Obama administration is expected to issue an executive order on cybersecurity given Congress's failure to pass legislation on the issue.
The House will meet today to consider legislation allowing the use of Capitol grounds for memorial events and postponing votes until 6:30pm. On Tuesday and the rest of the week, the House will consider the FY2014 budget and funding committee expenses. The Senate will continue considering the FY2013 continuing resolution to fund the government through September, aiming to send an amended bill back to the House this week before recess.
The document provides details on legislative activities scheduled for the House and Senate for the current week. It summarizes bills under consideration, including continuing appropriations legislation, and budget resolutions expected to be debated.
The document summarizes 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 and Senate will be in session this week before the August recess. The House will consider several bills under suspension of the rules on Tuesday, including legislation related to federal employee taxes, presidential appointments, Thrift Savings Fund levies, government charge cards, national parks, and other issues. On Wednesday and later in the week, the House will consider bills extending the 2008 Farm Bill and various tax bills. The Senate will consider the nomination of a circuit court judge on Monday and continue debating cybersecurity legislation this week. Both chambers aim to begin their August recess next week.
This document provides a summary of legislative 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.
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.
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 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.
242018 NSA Reform and the Patriot Act in Congress - The Atla.docxtamicawaysmith
2/4/2018 NSA Reform and the Patriot Act in Congress - The Atlantic
https://www.theatlantic.com/politics/archive/2015/05/a-long-awaited-reform-to-the-usa-patriot-act/393197/ 1/5
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Fourteen years after the Patriot Act gave sweeping spy powers to the government in
its war against terrorism, a consensus is finally emerging in Congress that the
government needs to be reined in—at least a bit. The next two weeks could
determine whether that consensus will yield a new law.
A Long-Awaited Reform to the Patriot Act
A bipartisan bill passed by the House on Wednesday would end the NSA’s bulk-
data-collection program.
RUSSELL BERMAN
MAY 14, 2015 | POLITICS
Pawel Kopczynski / Reuters
http://www.theatlantic.com/newsletters/politics-daily/
https://www.theatlantic.com/author/russell-berman/
https://www.theatlantic.com/politics/
2/4/2018 NSA Reform and the Patriot Act in Congress - The Atlantic
https://www.theatlantic.com/politics/archive/2015/05/a-long-awaited-reform-to-the-usa-patriot-act/393197/ 2/5
In a bipartisan vote of 338-88, the House on Wednesday afternoon passed the USA
Freedom Act, which seeks to restrain the nation’s surveillance state while extending
other key parts of the 2001 Patriot Act that are set to expire at the end of the
month. At its core, the House measure ends the NSA’s bulk collection program first
exposed two years ago by Edward Snowden, and requires the government to be
more transparent about the data it seeks from citizens. The vote comes just a week
after a federal appeals court ruled that the Patriot Act’s controversial Section 215
did not authorize the bulk collection program, which allowed the NSA to access
domestic telephone metadata. The ruling by the Second Circuit Court of Appeals
didn’t end the program, which the Freedom Act would.
The House measure represented a rare and genuine bipartisan compromise,
drawing support from the original author of the Patriot Act, conservative
Representative James Sensenbrenner of Wisconsin, along with liberal Democrats
like John Conyers of Michigan and Jerrold Nadler of New York, staunch civil
libertarians. The White House has said that President Obama would sign it. Yet it
faces an uncertain fate in the Senate, where Majority Leader Mitch McConnell
wants to extend the entire Patriot Act, untouched, for another five years.
Democrats have vowed to block that effort and are hoping that the strong House
vote and the chance that the surveillance programs could expire altogether on June
1 will force McConnell to accept the reform bill. A short-term extension, giving the
Senate more time to debate, is also possible. (The Senate has a recess scheduled
after next week.)
“Today, we have a rare opportunity to restore a measure of
restraint to surveillance programs that have simply gone
too far.”
The bill’s supporters say it’s the most far-reac ...
ALERT: Health Care Cybersecurity Reform and Regulations on the HorizonPatton Boggs LLP
The White House has proposed new cybersecurity legislation that would significantly impact healthcare organizations. The proposals would grant the Department of Homeland Security primary authority over cybersecurity for critical infrastructure like healthcare. This would require healthcare providers to develop cybersecurity plans subject to DHS and third party audits. The proposals would also standardize national data breach notification and preempt state laws, expanding the definition of a breach. Additionally, new tools are proposed to aid law enforcement in cybercrime prosecution. Congress is currently considering these proposals and various bills on cybersecurity reform, so increased regulation of healthcare cybersecurity is imminent.
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 Congress has recessed for Thanksgiving and is considering whether to pass a five-year Farm Bill or one-year extension during the lame duck session. The Senate Agriculture Committee leadership is also in flux as Senator Cochran reaches out to replace Senator Roberts as Ranking Member. Additionally, the EPA denied waivers to the Renewable Fuel Standard despite recognizing economic hardships caused by drought.
The 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 consider several bills under suspension of rules on Tuesday, July 17, including bills on levee construction, terrorist designations, foreign aid appropriations, US-Israel security cooperation, and insular areas. On Wednesday and the rest of the week, the House will consider bills on sequestration transparency and Department of Defense appropriations. The Senate will consider the nomination of a federal judge on Monday and is scheduled to discuss protecting the electric grid from cyberattacks on Tuesday.
The document summarizes recent government actions related to freedom of information, whistleblower protections, digital government initiatives, and Government Printing Office appropriations. It outlines bills introduced in Congress to establish a FOIA processing commission, expand whistleblower protections for contractors and congressional employees, and enhance existing whistleblower protections. It also describes the President's new digital government strategy and the House passing a funding bill for the GPO that was less than requested.
Big Business, Big Issues: The Winners and Losers from the U.S. Midterm ElectionsBrunswick Group
The U.S. midterm elections have dealt a new setback to President Obama. As was widely expected, voters have given Republicans control of both chambers of Congress, weakening the president’s already diminished influence in his last two years in office.
But there’s another set of winners and losers in this this election: the sectors, issues and interest groups that have a stake in the outcome.
Brunswick Group’s take on what the 2014 midterm elections mean for your companies, industries and interest groups.
For more information please contact our Washington, DC office: http://www.brunswickgroup.com/contact-us/washington-dc/
- Privacy issues will continue to be a major concern for Congress and the upcoming elections, fueled by increased computer and internet usage. While industry self-regulation was previously preferred, there is now support for more aggressive privacy regulation, especially around financial and medical information.
- The FTC now supports new regulatory powers over companies collecting personal data online, while the Administration focuses on financial and medical privacy. Congress remains reluctant to pass comprehensive privacy laws.
- Several bills have been introduced to address privacy, including establishing a commission to study existing laws and make recommendations, and strengthening protections for financial and medical privacy data. However, opponents argue these approaches could delay needed legislation.
- Privacy issues will continue to be a major concern for Congress and the upcoming elections in the fall. Both the widespread use of computers and the internet have fueled these privacy concerns.
- While Congress is unlikely to pass comprehensive privacy legislation this year, some lawmakers may try to attach privacy provisions to other bills moving through Congress.
- The Federal Trade Commission now supports new regulations for companies collecting personal data online, reversing its previous support for industry self-regulation. However, the Administration and Congress have been reluctant to embrace comprehensive privacy legislation.
The document summarizes discussions from a House-Senate conference on the Comprehensive Addiction and Recovery Act (CARA) legislation to address the opioid epidemic. Democrats pushed for funding to be included but Republicans highlighted recent funding increases. Amendments were considered and some passed both chambers while others only passed the Senate. Democrats' amendments to add funding were not accepted. The final conference report was signed by Republican conferees and will address efforts to curb the growing opioid crisis.
Similar to Capital Thinking ~ January 28, 2013 (20)
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 U.S. Chemical Safety Board to OSHA: Get to Work on Combustible DustPatton Boggs LLP
The Chemical Safety Board held a meeting on July 25, 2013 where it designated the development of an Occupational Safety and Health Administration (OSHA) standard for combustible dust as its top priority. The Board criticized OSHA for failing to advance this regulatory process since 2009. It deemed OSHA's response to recommendations regarding combustible dust standards as "unacceptable." The alert discusses the implications of this designation, including that it could spur OSHA to resume its rulemaking process for a combustible dust standard, which would impact various industries if finalized.
The Transatlantic Trade and Investment Partnership: The Intersection of the I...Patton Boggs LLP
This document summarizes a client alert from the law firm PattonBoggs regarding the Transatlantic Trade and Investment Partnership (TTIP) negotiations between the EU and US. It notes that digital commerce and data privacy will be key issues discussed, as the EU and US have different approaches to these matters. Specifically, the EU views data privacy as a fundamental right while the US takes a sector-specific approach. Recent NSA surveillance revelations have heightened these differences. The next round of TTIP talks in October will likely start substantive discussions on finding common ground regarding data privacy standards.
The document provides a summary of legislative activities in the United States Congress for the week of July 29, 2013. In the Senate, cloture was filed on several nominations including the nomination of James Comey as FBI Director. The Senate also passed a bill tying student loan interest rates to Treasury rates. In the House, the agenda for the week includes consideration of an appropriations bill and several other pieces of legislation under suspension of the rules. The document also summarizes legislative activities relating to various policy areas such as agriculture, budget, cybersecurity, and defense.
The 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.
2. General Legislative
The Senate will convene today, January 28, at 2:00 p.m. to begin a period of morning business
until 4:30 p.m. Thereafter, the Senate will begin consideration of H.R.152, the Hurricane Sandy
Emergency Supplemental Appropriations bill.
The House will meet in pro forma session on January 29, at 1 p.m.
Agriculture & Food
LEGISLATIVE ACTIVITY
Farm Bill. Last week, Senate Majority Leader Harry Reid introduced last year’s Senate-passed
version of the Farm Bill as a signal that the reauthorization of the bill is a legislative priority for 2013.
We do not expect, however, the Senate Committee to markup its version of the Farm Bill until after
the fiscal debates occur in March.
During the same week, House Agriculture Committee Ranking Member Collin Peterson (D-MN)
stated that he is now optimistic that the House leadership will schedule floor time to consider the
Farm Bill this year. Earlier in January, Representative Peterson sent a letter to the House Speaker
John Boehner (R-OH) and Majority Leader Eric Cantor (R-VA) requesting a written commitment that
the Farm Bill will receive floor consideration, otherwise, Representative Peterson would refuse to
participate in the House Agriculture Committee’s markup.
Supplemental Nutrition Assistance Program (SNAP). In unveiling her budget priorities for the
year, Senate Budget Committee Chairwoman Patty Murray (D-WA) has made a commitment to
protect SNAP against proposed cuts, as the program accounts for nearly 80 percent of spending for
Farm Bill programs. Last year, the Senate-passed Farm Bill cut SNAP funding by $4 billion, while the
House Agriculture Committee’s version of the Farm Bill cuts the program by $16 billion.
Immigration. On Tuesday, January 29, the White House will unveil its comprehensive immigration
plan at an event in Las Vegas, Nevada.
Upcoming Hearing. The Senate Agriculture Committee indicated that it will convene a hearing on a
reauthorization of the Commodity Futures Trading Commission (CFTC), but no date has been set.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Dana Weekes at 202-457-6307 or dweekes@pattonboggs.com.
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3. Budget, Appropriations
Supplemental Appropriations for Disaster Aid. After spending last week working on an agreement
to modify filibuster rules, the Senate will vote today on the Sandy supplemental appropriations bill, a
$50.6 billion emergency disaster appropriations package (H.R. 152) approved by the House on
Tuesday, January 15. Senators will first vote on an amendment proposed by Mike Lee (R-UT) to
offset the cost of the bill (the amendment is expected to fail). Despite the differences in funding
allocations between the House bill and what the Senate passed in December, which may lose some
of the Republican votes, the measure is expected to pass and finally move forward for the President’s
signature.
Short-Term Debt Ceiling Increase. On Wednesday, January 23, the House approved legislation
(H.R. 325) to suspend the nation’s borrowing authority limit through May 18 and then increase the
current ceiling of $16.4 trillion to include the amount of debt accrued in that time frame. As previously
reported, the bill also includes a provision to hold Member salaries in escrow if either chamber does
not approve a budget resolution by April 15 (the Senate has not approved a budget resolution since
2009). Despite a preference for a longer-term solution, the White House announced it would not
oppose the legislation and Senate Majority Leader Harry Reid (D-NV) will bring it up for a Senate vote
this week.
Prior to the House vote, incoming Senate Budget Committee Chairwoman Patty Murray (D-WA)
reiterated Democratic Conference Vice Chairman Charles Schumer’s (D-NY) previous assertion that
the Senate would craft an FY 2014 Budget Resolution, regardless of the outcome of the House vote.
On Thursday, Chairwoman Murray released a 12-page memorandum to her colleagues outlining her
vision for deficit reduction, including a budget resolution. Calculating that 80 percent of recent deficit
reduction savings have come from spending cuts, the Chairwoman plans to continue the Democratic
push for increased tax revenue.
In contrast, House Republicans intend to propose a budget resolution which balances the federal
budget in 10 years (as opposed to the approximately 28-year plan they put forth in 2012). In order to
secure conservative House Republican support for the debt ceiling extension, majority leaders
proposed this strategy, along with a promise to push for a $73 billion reduction in FY 2013 spending
by lowering the $1.047 trillion discretionary spending cap to $974 billion.
Toomey and McCaskill Reintroduce Permanent Earmark Ban. On Thursday, January 24,
Senators Pat Toomey (R-PA) and Claire McCaskill (D-MO) reintroduced a bill (S. 126) to permanently
ban earmarks which they intend to introduce as an amendment to Senate legislation this year. Eight
Senators signed on as original cosponsors: Kelly Ayotte (R-NH); Jeff Flake (R-AZ); Mike Johanns (R-
NE); Ron Johnson (R-WI); Rob Portman (R-OH); Marco Rubio (R-FL); Tim Scott (R-SC); and Mark
Udall (D-CO). The measure was voted down as an amendment to the STOCK Act last year and with
increasing overtures to reconsider the earmark ban and bring back the process in a limited capacity, it
is not likely to advance this year either.
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4. Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Pam Welsh at 202-457-6493 or pwelsh@pattonboggs.com.
Cybersecurity
LEGISLATIVE BRANCH ACTIVITY
Cybersecurity Legislation. Last week, key Senate Democrats introduced the Cybersecurity and
American Cyber Competitiveness Act of 2013 (S. 21), a placeholder bill which outlines their priorities
th
for cybersecurity legislation in the 113 Congress. The bill’s sponsors include Chairman of the Senate
Commerce, Science and Transportation Committee John D. Rockefeller (D-WV), Chairman of the
Senate Select Committee on Intelligence Dianne Feinstein (D-CA), incoming Chairman of the Senate
Homeland Security and Governmental Affairs Committee Tom Carper (D-DE), along with Senators
Carl Levin (D-MI), Barbara Mikulski (D-MD), Sheldon Whitehouse (D-RI) and Chris Coons (D-DE).
While the bill only contains language regarding the “sense of Congress” on cybersecurity issues, it
does serve as an indicator that Senate Democrats see cybersecurity legislation as a priority for this
year and may be willing to negotiate with the House to reach a compromise on a bill in the future.
The bill does not mention the establishment of standards for critical infrastructure – a key point of
controversy in the last Congress – but it does call for bipartisan cybersecurity legislation that will do
the following:
o Enhance the security and resiliency of public and private communications and information
networks against a cyber attack;
o Establish mechanisms for cyber threat information sharing between the government and the
private sector;
o Develop a public-private system to improve the assessment, prevention, detection, and
response capabilities of the U.S. against a cyber attack on critical infrastructure;
o Promote research and development investments in the information technology sector;
o Promote cybersecurity and information technology training programs;
o Prevent and mitigate identity theft;
o Enhance U.S. diplomatic capacity and public-private international cooperation to respond to
emerging cyber threats;
o Expand resources for investigating and prosecuting cyber crimes; and
o Maintain protections of the privacy rights of U.S. citizens.
EXECUTIVE BRANCH ACTIVITY
Executive Order. The Obama Administration is expected to release its Executive Order (EO)
regarding cybersecurity in the coming weeks, as Senators Rockefeller and Feinstein have asked the
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5. President to take swift action and use the full extent of his executive power to address cybersecurity
issues. Senator Carper has also expressed his support of an EO but sees this only as a short-term
solution, noting that legislation is the best way to truly address cyber threats in the future.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Amy Davenport at 202-457-6528 or adavenport@pattonboggs.com.
Education
LEGISLATIVE ACTIVITY
Campus Crime Reporting Changes. As expected, a bill (S. 47) to reauthorize the Violence Against
Women Act (VAWA) was introduced by a bipartisan group of Senators last week. The bill includes an
expansion of the Clery Act, a 1990 law that requires colleges and universities to report crime on or
near their campuses. Last year, the House and Senate had competing versions of the VAWA bill, and
the chambers were not able to reconcile the bills in the lame duck session. The White House
preferred the Clery Act expansion in the Senate bill, which proposed new requirements to report
campus incidents of domestic violence, dating violence, and stalking. House Republicans took issue
with the Senate version of the bill because they think the House Education and the Workforce
Committee (not the Judiciary Committee) has jurisdiction over campus-related laws, and the
Committee should address the issue as part of the Higher Education Act (HEA) reauthorization.
While we expect House Republicans to maintain their position, a companion measure to the Senate
bill has been introduced in the House (H.R. 11) that has more than 150 cosponsors. While education
committee staff in the House will work to draft legislation reauthorizing HEA this year, VAWA could
gain momentum quicker than that process may allow, and the provision is likely to be included in a
legislative vehicle that is moving forward. Additionally, Senate Majority Leader Harry Reid placed
reauthorization of VAWA on his list of the first 10 measures to be introduced in the Senate for the
th
113 Congress.
Elementary and Secondary Education Act (ESEA) Flexibility. Last week, the U.S. Department of
Education released a series of new publications, including a brochure and fact sheets on the five
priority areas under ESEA flexibility: (1) Continuing to expose and close achievement gaps; (2)
Advancing accountability for graduation rates; (3) Turning around the lowest-performing schools; (4)
Protecting school and student accountability; and (5) Supporting teachers, leaders, and local
innovation. The publications also provide examples of how some participating states are engaging in
educational reforms under the priority areas listed. Currently, the Department has approved 34 states
and the District of Columbia for ESEA flexibility.
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6. Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Amy Budner Smith at 202-457-6154 or abudner@pattonbogg.com and Dana Weekes at 202-
457-6307 or dweekes@pattonboggs.com.
Energy
LEGISLATIVE ACTIVITY
Senate Budget Resolution. Senate Budget Committee Chairman Patty Murray (D-WA) intends to
“return to regular order and move a budget resolution…to the Senate floor” (the budget resolution is a
non-binding document that sets general revenue levels for the upcoming fiscal year). The new
chairman called for a “balanced approach that puts jobs and the middle class first” and calls on “the
wealthy to pay their fair share.” We expect Democrats to continue criticizing House Republicans for
wanting to “cut taxes for the wealthiest Americans and biggest corporations” as a basis for reviving
the President’s proposals to eliminate certain oil and gas tax preferences (e.g., repealing provision for
expensing of intangible drilling costs).
Congressional Hearings. The Senate Commerce, Science, and Transportation Committee will hold
a field hearing regarding pipeline safety on Monday, January 28 in Charleston, West Virginia. The
Committee will also review a new Government Accountability Office (GAO) study regarding the ability
of transmission pipeline facility operators to respond to a hazardous liquid or gas release.
REGULATORY ACTIVITY
Keystone XL Pipeline. Following Nebraska Governor Dave Heineman’s (R) recommended approval
of TransCanada’s proposed “Nebraska Reroute,” 53 Senators (44 Republicans and 9 Democrats)
urged President Obama last week “to finish expeditiously the [Supplemental Environmental Impact
Statement] review process and approve the pipeline.” Although the U.S. Department of State had
initially planned on making a recommendation in the first quarter of 2013, we anticipate that the
decision making timeline will slip into the second quarter to provide time to conclude the Department’s
review. Meanwhile, environmental groups are planning another protest at the White House over
Presidents’ Day weekend.
ETTAC. The International Trade Administration’s Environmental Technologies Trade Advisory
Committee will hold a public meeting on February 26 in Washington, DC. The newly reappointed
Committee will begin to outline important issues that affect environmental trade and review the status
of the U.S. Environmental Export Initiative.
Innovation/Manufacturing. The National Advisory Council on Innovation and Entrepreneurship will
meet on February 19 at the Department of Commerce to discuss the Administration’s latest initiatives
and issues regarding innovation, entrepreneurship, commercialization and manufacturing.
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7. Hydraulic Fracturing. The Bureau of Land Management has submitted its revised proposed well
stimulation rule to the White House Office of Management and Budget (OMB) for regulatory review.
The U.S. Department of Interior had originally planned to finalize the rule by the end of 2012.
OCS Service Fees. Effective February 2, the Bureau of Ocean Energy Management (BOEM) will
adjust certain cost recovery service fees to reflect a 6.72 percent inflation factor. The fees were last
updated in 2008.
FERC. The Federal Energy Regulatory Commission (FERC) has issued a Final Policy Statement to
clarify and refine its policies governing the allocation of capacity for new merchant transmission
projects and new non-incumbent, cost-based, participant-funded transmission projects.
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
Wind Turbines. Congress extended the Production Tax Credit (PTC) through the end of the year
under the American Taxpayer Relief Act of 2012. The extension of the PTC applies to all U.S. wind
projects that commence construction before 2014 (the industry is awaiting guidance about how much
and what type of work must be underway to meet the standard for commencing construction). In
addition to the PTC, the law also covers investment tax credits for community and offshore wind
projects. On a related note, New Jersey has been selected as the first phase of the Atlantic Wind
Connection’s multi-year offshore wind transmission project. This phase of the project is being called
the New Jersey Energy Link. The NJ Energy Link will be an offshore electrical transmission cable,
buried under the ocean, linking energy resources and users in northern, central and southern New
Jersey. The cable will span the length of New Jersey and carry 3,000MW of electricity. The NJ
Energy Link will be built in three phases. It is expected to begin construction in 2016 and the first
phase to be in service in 2019.
REGULATORY ACTIVITY
Clean Air Standards for Stationary Engines. The U.S. Environmental Protection Agency (EPA) has
finalized revisions to standards to reduce air pollution from stationary engines that generate electricity
and power equipment at industrial, agricultural, oil and gas production, power generation and other
facilities. The final revised rule is expected to reduce the capital and annual costs of the original 2010
rules by $287 million and $139 million, respectively, and is expected to reduce pollutants, including
2,800 tons per year (tpy) of hazardous air pollutants; 36,000 tpy of carbon monoxide; 2,800 tpy of
particulate matter; 9,600 tpy of nitrogen oxides, and 36,000 tpy of volatile organic compounds. The
ruling is primarily expected to impact to the following types of engines:
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8. o Engines typically used in sparsely populated areas for oil and gas production
o Engines in remote areas of Alaska
o Engines scheduled to be replaced due to state or local requirements, and certain engines
installed in 2006
o Engines for offshore vessels operating on the Outer Continental Shelf
o Engines used in emergency demand response programs
Algae Biofuels. The U.S. Department of Energy has announced the availability of up to $10 million in
funding for projects that may unlock the potential of biofuels made from algae. The funding is
intended to support research projects aimed at boosting the productivity of algae cultivation systems
and demonstrating algae harvest and processing technologies, such as centrifugation and extraction.
The Department encourages applicants from industry, universities and national laboratories to apply
by April 1.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Sarah Vilms at 202-457-5248 or svilms@pattonboggs.com.
Financial Services
LEGISLATIVE ACTIVITY
GAO Issues Report on Financial Regulatory Reform. The U.S. Government Accountability Office
(GAO) issued a report reviewing implementation of financial regulatory reform. The GAO identified
236 provisions that require regulators to issue rulemakings and, as of December 2012, regulators had
issued final rules for about 48 percent of these provisions. Regulators had proposed rules for about
29 percent of the remaining provisions. The GAO specifically identified ways to enhance the
accountability and transparency of the Financial Stability Oversight Council’s decisions and activities
and improve collaboration among its members.
House Tax Committee Chairman Considers Tax Rules for Financial Products. House Ways and
Means Committee Chairman Dave Camp (R-MI) released a financial products discussion draft,
addressing tax treatment of financial products, including derivatives, debt restructurings, bonds, and
securities.
REGULATORY ACTIVITY
President Obama Nominates New SEC Chairman. President Obama nominated Mary Jo White to
be Chairman of the Securities and Exchange Commission (SEC) to fill the role vacated by former
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9. Chairman Mary Schapiro. Ms. White is currently a partner at Debevoise & Plimpton and previously
served as the U.S. Attorney for the Southern District of New York.
CFPB’s Director Cordray Renominated, Court Decision Puts Recess Appointment in Jeopardy.
President Obama nominated Richard Cordray as Director of the Consumer Financial Protection
Bureau (CFPB). The confirmation process could be difficult, as Republicans have consistently
objected to the single-director leadership model of the CFPB, as opposed to a five-member
commissioner structure. Mr. Cordray currently serves as Director of the CFPB stemming from his
recess appointment in January 2012. On Friday, January 25, the U.S. Circuit Court of Appeals for the
D.C. District ruled that President Obama improperly made three recess appointments to the National
Labor Relations Board. Senate Republicans responded that Mr. Cordray’s recess appointment, while
not part of the Court’s ruling, may also be unconstitutional, as he was appointed at the same time and
through the same method.
CFTC Commissioner Sommers to Resign. Commodity Futures Trading Commission (CFTC)
Commissioner Jill Sommers, a Republican, announced her resignation from the CFTC, effective at
the end of March 2013.
CFTC to Hold Roundtable on “Swaps to Futures.” On Thursday, January 31, the CFTC will hold a
staff roundtable on “Futurization of Swaps.” The day-long event will discuss industry views and
concerns, focusing specifically on different clearing and margin regimes between swaps and futures,
block trade rule distinctions, and the effect of the migration from swaps to futures for end-user
customers.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Matthew Kulkin at 202-457-6056 or mkulkin@pattonboggs.com.
Health Care
LEGISLATIVE ACTIVITY
Senate HELP Hearing. The Senate Committee on Help, Education, Labor and Pensions (HELP)
Subcommittee on Primary Health and Aging will hold a hearing on Tuesday January 29 titled “30
Million New Patients and 11 Months to Go: Who Will Provide Their Primary Care?” Witnesses at the
hearing will include Dr. Fitzhugh Mullan with the George Washington University Schools of Public
Health and Medicine, Tess Stack Kuenning with the Bi-State Primary Care Association, Toni
Decklever of the Wyoming Nurses Association, Dr. Andrew Wilper with the Boise VA Medical Center,
Dr. Uwe Reinhardt with Princeton University, and Claudia Fegan with the John H. Stroger Jr.
Hopsotal of Cook County in Chicago.
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10. House VA Hearing. The House Committee on Veterans’ Affairs Subcommittee on Oversight and
Investigations has scheduled a hearing on February 5 titled “Analyzing VA’s Actions to Prevent
Legionnaire’s Disease in Pittsburgh.”
REGULATORY ACTIVITY
Upcoming Regulations. The Physician Payment Sunshine rule is expected to be released any day
now, which requires drug and device manufacturers to report payments to physicians. Other
regulations under review at the Office of Management and Budget (OMB) include a U.S. Department
of Labor rule on overtime payments for in-home health care workers, as well as a proposed rule from
the Centers of Medicare and Medicaid Services (CMS) on the verification process for employer
sponsored coverage eligibility for health insurance premium tax credits.
OTHER HEALTH NEWS
KFF Reports. The Kaiser Family Foundation (KFF) released two reports on Medicaid and CHIP
Eligibility, Enrollment, Renewal and Cost-Sharing Policies in 2012 and 2013. The first report, “Getting
into Gear for 2014: Findings From a 50-State Survey of Eligibility, Enrollment, Renewal and Cost-
Sharing Policies in Medicaid and CHIP, 2012-2013,” finds that nearly all states are pressing forward
with information technology and process improvements to develop faster, streamlined Medicaid
enrollment systems as required under the Affordable Care Act (ACA), whether or not the state elects
to expand Medicaid coverage under the law. As of January 1, 2013, 47 states had applied for or
received increased federal funds to make major upgrades to Medicaid enrollment systems, and 42
states had already begun their system development work, according to the survey, conducted with
the Georgetown University Center for Children and Families. Federal regulations released in 2012
outline the requirements for all Medicaid programs to have web-based, paperless, real-time
enrollment processes that will rely on electronic data and minimize administrative burdens on
individuals and eligibility workers. The survey provides a snapshot of Medicaid and CHIP enrollment,
eligibility policies and procedures and highlights the changes that states will need to make in their
programs to prepare for the ACA in 2014.
The second report “Faces of the Medicaid Expansion: How Obtaining Medicaid Coverage Impacts
Low-Income Adults,” takes a closer look at the population that has benefitted from Medicaid
expansion.
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.
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11. International, Defense, and Homeland Security
LEGISLATIVE AND REGULATORY ACTIVITY
Senate Foreign Relations Committee (SFRC) and State Department Developments. After
emphasizing the need for U.S. leadership on climate change and international economic and
development policy, as well as continued monitoring of developments in Syria, Iran, and numerous
other global trouble spots, at his warmly-received confirmation hearing on Thursday, January 24,
SFRC Chairman John Kerry’s (D-MA) nomination as Secretary of State could move to the full Senate
as soon as next week. Senator Kerry could take over from outgoing Secretary Hillary Clinton as early
as February, at which point Senator Robert Menendez (D-NJ) officially would become the
Committee’s next Chairman.
Executive Office of the President Developments. With Tony Blinken, Vice President Biden’s
National Security Adviser, succeeding new White House Chief of Staff Denis McDonough as the
President’s Deputy National Security Adviser, expect the Vice President’s already-integral role in
shaping the Administration’s national security policy to solidify still further. With assistance from
Blinken and others, Vice President Biden will continue to press the Administration to keep to its plans
for as rapid and complete a military withdrawal from Afghanistan as possible, among other policy
priorities. Also, while his title may have changed, McDonough, a longtime foreign policy adviser to
Senator and President Obama, is certain to remain vitally engaged in the White House’s decision-
making process on national security issues. Meanwhile, following Ambassador Ron Kirk’s widely-
predicted announcement this past week that he will step down as United States Trade Representative
(USTR) in late February, expect President Obama to name a successor in short order. Deputy
National Security Adviser for International Economic Affairs Michael Froman, former Governor
Christine Gregoire (D-WA), and several other leading candidates are reportedly under consideration
for the position.
House Homeland Security Committee (HHSC) Developments. Two freshmen Republicans have
quickly climbed the ranks at the Committee, as Congresswoman Susan Brooks (R-IN) and
Congressman Richard Hudson (R-NC) will chair HHSC Subcommittees in their first term.
Representative Brooks will chair the Emergency Preparedness, Response and Communications
Subcommittee (on which Representative Donald Payne Jr. (D-NJ), a fellow freshman, will serve as
Ranking Member) while Representative Hudson will oversee the high-visibility Transportation Security
Subcommittee. Congressman Cedric Richmond (D-LA) will succeed Congresswoman Sheila
Jackson-Lee (D-TX) as Ranking Member on the Transportation Security Subcommittee, as
Representative Jackson-Lee moves over to serve as the top Democrat on the Border and Maritime
Security Subcommittee. Meanwhile, former HHSC Chairman Peter King (R-NY) will chair the
Counterterrorism and Intelligence Subcommittee.
Senate Armed Services Committee (SASC) Developments. Secretary of Defense-designate
Chuck Hagel continues to garner support from Democratic Senators in advance of his nomination
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12. hearing before the SASC on Thursday, January 31. Senator Jeanne Shaheen (D-NH), a SASC
member, and Senator Frank Lautenberg (D-NJ) announced their backing of former Senator Hagel
this past week. In addition, following a meeting between Senator Mark Udall (D-CO), also a
Committee member, and Senator Hagel, the Senator’s office said he is generally favorably disposed
toward deferring to the President on Cabinet nominations. Expect a more full-throated endorsement
of Senator Hagel by Senator Udall in the coming days.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Scott Thompson at 202-457-6110 or sthompson@pattonboggs.com.
Transportation & Infrastructure
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Priorities for the 113 Congress. Last week, the House Transportation and Infrastructure (T&I)
Committee approved Subcommittee Assignments, Committee Rules and the Committee’s Oversight
Plan during the Committee’s organizational meeting. In addition to a robust oversight agenda
covering implementation of the Federal Aviation Administration (FAA) and surface transportation
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reauthorization bills enacted in the 112 Congress, House T&I’s organizational meeting confirmed a
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focus for the 113 Congress on the Water Resources Development Act; reauthorization of passenger
and freight rail legislation (PRIIA and RSIA); and the next reauthorization of MAP-21, including efforts
to restore the surface transportation program onto sound financial footing. The Committee’s rules also
allow for the creation of a new panel (which will not have legislative authority) to examine issues that
cut across subcommittees, such as freight movement and intermodalism. This set of priorities is
consistent with the Senate’s anticipated agenda. Further, Senate Majority Leader Harry Reid (D-NV)
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stated this week that infrastructure is among his top priorities for the 113 Congress, stating that
initiatives to “mend our broken immigration system, strengthen our schools, and rebuild our roads and
bridges” would be centerpieces of efforts by his caucus.
Water Resources Development Act (WRDA). Behind-the-scenes action continues to prepare
WRDA legislation for consideration in the Senate EPW Committee. Ranking Member David Vitter (R-
LA) has indicated that he and Chairman Barbara Boxer (D-CA) are trying to get to a “truly bipartisan”
draft in “early February” that includes significant reforms to the Army Corps of Engineers process.
Hurricane Sandy Supplemental Bill. With the Senate having approved modest but consequential
new filibuster rules, the Senate Majority Leader moved swiftly to schedule votes for Monday evening
on the House-passed Hurricane Sandy Supplemental Appropriations Bill. There will first be a vote on
an amendment by Senator Mike Lee (R-UT) requiring offsetting spending cuts for the $50.5 billion bill
(which will not pass) and then a vote on final passage. The House-passed bill is expected to pass and
be sent to the President for his signature. The bill provides $13.07 billion for the U.S. Department of
Transportation (including $10.9 billion in Transit Emergency Relief), $5.3 billion for the Army Corps of
Engineers and $600 million for EPA State and Tribal Assistance Grants (STAG) for affected areas.
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13. New Starts/Small Starts Final Rule. The comment period continues for the Federal Transit
Administration’s (FTA) Policy Guidance accompanying the recently promulgated New Starts and
Small Starts Final Rule. A copy of the proposed Policy Guidance can be found here. Comments must
be received on or before March 11.
Secretary of Transportation. Speculation continues as to Secretary Ray LaHood’s future and
candidates to replace him if and when he steps down. Rumors swirled this week around Los Angeles
Mayor Antonio Villaraigosa, who received a strong statement of endorsement from EPW Chairman
and California Senator Barbara Boxer. Indications are that Secretary LaHood will remain at the U.S.
Department of Transportation for the foreseeable future, and nothing definitive has been announced
or leaked with respect to the Secretary’s future.
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 efleisher@pattonboggs.com and Jessica Monahan at 202-
457-6302 or jmonahan@pattonboggs.com.
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