PublicationsInsights on Current Policy Issues

  • August 13, 2018

    By David E. Franasiak, Joel G. Oswald, Michael D. Kans, and Rebecca L. Konst

     This memorandum will provide a survey of federal action on cryptocurrencies (aka virtual currencies), including enforcement and guidance. At present, some federal regulators have begun asserting oversight and enforcement authority under their existing powers while other potential regulators have not yet indicated publicly what, if any, oversight they will exercise. Other federal stakeholders on cryptocurrencies have also begun to engage. However, the U.S. government’s approach to virtual currencies remains fluid.

     

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  • January 11, 2018

    By Frank Vlossak

    Since taking office, President Trump and his Administration have worked toward regulatory reform that includes the review, revision, and repeal of existing regulations, with a focus on rules promulgated by the Obama Administration. Congress has played a key role in this effort, through the use of the Congressional Review Act to repeal rules finalized in the waning months of the prior Administration, as well as one rule issued by the Consumer Financial Protection Bureau (CFPB) in 2017.

    President Trump signed a series of executive orders in the early months of his presidency that are propelling the deregulatory efforts of federal agencies. These executive orders: set a cap limiting regulations in Fiscal Year 2017 to zero net cost; provide agencies with a framework for limiting new regulations and identifying existing rules to repeal or revise; direct review and revision or repeal of the “Waters of the United States” rule issued by the Obama Administration; and require review and reform of energy and climate-related regulations.

     

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  • October 10, 2017

    By Frank Vlossak

    On October 10, Environmental Protection Agency (EPA) Administrator Scott Pruitt signed a Notice of Proposed Rulemaking (NPRM) titled “Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generating Units”. The NPRM would rescind the Obama Administration’s Clean Power Plan (CPP), a rule that would reduce greenhouse gas (GHG) emissions from existing power generation sector sources, namely coal and natural gas power plants.

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The House will consider seven bills under suspension of the rules. The Senate will resume consideration of Thomas Alvin Farr, to be US District Judge for the Eastern District of North Carolina.

 

THE HOUSE

 

Yesterday

  • Suspensions: The House agreed to suspend the rules and pass the following measures:
    • Strengthening the Health Care Fraud Prevention Task Force Act of 2018:
      • H.R. 6753, amended, to amend title XI of the Social Security Act to direct the Secretary of Health and Human Services to establish a public-private partnership for purposes of identifying health care waste, fraud, and abuse;
    • Action for Dental Health Act:
      • Concur in the Senate amendment to H.R. 2422, to amend the Public Health Service Act to improve essential oral health care for low-income and other underserved individuals by breaking down barriers to care;
    • State of Modern Application, Research, and Trends of IoT Act:
      • H.R. 6032, amended, to direct the Secretary of Commerce to conduct a study and submit to Congress a report on the state of the internet-connected devices industry in the United States; and
    • Adding Ireland to the E–3 nonimmigrant visa program:
      • H.R. 7164, amended, to add Ireland to the E–3 nonimmigrant visa program.

 

Today

  • On Thursday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First and last votes are expected: 5:30 p.m. – 6:30 p.m.
  • Legislation Considered Under Suspension of the Rules:
    • 1) H.R. ____ – National Flood Insurance Program Further Extension Act of 2018 (Sponsored by Rep. Tom MacArthur / Financial Services Committee)
    • 2) H.R. 2846 – Federal Agency Customer Experience Act of 2018, as amended (Sponsored by Rep. Brian Fitzpatrick / Oversight and Government Reform Committee)
    • 3) H.R. 3121 – All-American Flag Act, as amended (Sponsored by Rep. Cheri Bustos / Oversight and Government Reform Committee)
    • 4) H.R. 3154 – Inspector General Access Act of 2017 (Sponsored by Rep. Cedric Richmond / Oversight and Government Reform Committee)
    • 5) H.R. 5759 – 21st Century IDEA, as amended (Sponsored by Rep. Ro Khanna / Oversight and Government Reform Committee)
    • 6) H.R. 6777 – Settlement Agreement Information Database Act of 2018 (Sponsored by Rep. Gary Palmer / Oversight and Government Reform Committee)
    • 7) H.R. 6901 – Federal CIO Authorization Act of 2018, as amended (Sponsored by Rep. Will Hurd / Oversight and Government Reform Committee)

 

THE SENATE

 

Yesterday

  • Measures Passed:
    • PEPFAR Extension Act:
      • Senate passed H.R. 6651, to extend certain authorities relating to United States efforts to combat HIV/AIDS, tuberculosis, and malaria globally.
    • Recognizing threats to freedom of the press and expression around the world:
      • Senate agreed to S. Res. 501, recognizing threats to freedom of the press and expression around the world and reaffirming freedom of the press as a priority in efforts of the Government of the United States to promote democracy and good governance.
    • Lights On Afterschool:
      • Senate agreed to S. Res. 710, supporting Lights On Afterschool, a national celebration of afterschool programs held on October 25, 2018.
  • Measures Considered:
    • Hostilities in the Republic of Yemen:
      • By 63 yeas to 37 nays (Vote No. 250),
    • Senate agreed to the motion to discharge the Committee on Foreign Relations of S.J. Res. 54, to direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress.
  • Appointments:
    • Federal Law Enforcement Congressional Badge of Bravery Board: The Chair announced, on behalf of the Majority Leader and the Democratic Leader, pursuant to the Public Law 110–298, the appointment of the following individual to serve as a member of the Federal Law Enforcement Congressional Badge of Bravery Board: Charles Dunne of New York (vice Rick McCubbin of Kentucky).
  • Farr Nomination--Agreement:
    • Senate resumed consideration of the nomination of Thomas Alvin Farr, to be United States District Judge for the Eastern District of North Carolina.
  • During consideration of this nomination today, Senate also took the following action:
    • By 51 yeas to 50 nays, Vice President voting yea (Vote No. EX. 249), Senate agreed to the motion to close further debate on the nomination.
    • A unanimous-consent agreement was reached providing that notwithstanding Rule XXII, all post-cloture time on the nomination of Thomas Alvin Farr expire at 12 noon, on Thursday, November 29, 2018; that notwithstanding Rule XXII, the vote on the motion to invoke cloture on the nomination of Kathleen Laura Kraninger, of Ohio, to be Director, Bureau of Consumer Financial Protection occur at 1:45 p.m., on Thursday, November 29, 2018, and that if cloture is invoked on the nominations of Jonathan A. Kobes, of South Dakota, to be United States Circuit Judge for the Eighth Circuit, or of Kathleen Laura Kraninger, all post-cloture time be yielded back, and Senate vote on confirmation of the nominations at a time to be determined by the Majority Leader in consultation with the Democratic Leader, but not before Tuesday, December 4, 2018.
    • A unanimous-consent agreement was reached providing for further consideration of the nomination of Thomas Alvin Farr, post-cloture, at approximately 10 a.m., on Thursday, November 29, 2018; and that all time during recess, adjournment, morning business and Leader remarks count post-cloture on the nomination.
  • Nomination Confirmed: Senate confirmed the following nomination:
    • By 62 yeas to 38 nays (Vote No. EX. 248), Karen Dunn Kelley, of Pennsylvania, to be Deputy Secretary of Commerce.

 

Today

  • The Senate stands adjourned until 10:00am on Thursday, November 29, 2018.
  • Following leader remarks, the Senate will resume consideration of Executive Calendar #626, Thomas Alvin Farr, of North Carolina, to be US District Judge for the Eastern District of North Carolina, post-cloture.
  • At 12:00 Noon, all post-cloture time will expire and the Senate will vote on confirmation of the Farr nomination. Upon disposition of the Farr nomination, the Senate will vote on the motion to invoke cloture on Executive Calendar #1141, Jonathan A Kobes, of South Dakota, to be US Circuit Judge for the Eighth Circuit.
  • At 1:45pm, there will be a cloture vote on Executive Calendar #1064, Kathleen Laura Kraninger, of Ohio, to be Director, Bureau of Consumer Financial Protection.
  • Thursday at 12:00 Noon – 2 roll call votes
    • 1.  Confirmation of Executive Calendar #626, Thomas Alvin Farr, of North Carolina, to be US District Judge for the Eastern District of North Carolina
    • 2.  Motion to invoke cloture on Executive Calendar #1141, Jonathan A Kobes, of South Dakota, to be US Circuit Judge for the Eighth Circuit
  • Thursday at 1:45pm – 1 roll call vote
    • 3. Motion to invoke cloture on Executive Calendar #1064, Kathleen Laura Kraninger, of Ohio, to be Director, Bureau of Consumer Financial Protection
  • If either of the cloture motions are agreed to, votes on confirmation of the nominations would occur at a time to be determined by the Majority Leader in consultation with the Democratic Leader, but not before December 4th.

 

Hearings Covered by W&J Today

 

Senate Armed Services
Nomination Hearing

Senate Banking
Combatting Money Laundering

Senate Energy
Pending Legislation

Senate HELP
Pending Legislation/Nomination Markup

NIST
NIST Privacy Framework Q&A Webinar

 

Notable Legislation Introduced

 

Communication

S.3668 — 115th Congress (2017-2018)
A bill to amend the Federal Trade Commission Act to eliminate the common carrier exemption for telecommunications companies.
Sponsor: Sen. Feinstein, Dianne [D-CA] (Introduced 11/28/2018) Cosponsors: (2)
Committees: Senate - Commerce, Science, and Transportation
Latest Action: Senate - 11/28/2018 Read twice and referred to the Committee on Commerce, Science, and Transportation.

 

Energy

H.R.7179 — 115th Congress (2017-2018)
To require the Administrator of the Environmental Protection Agency to revise certain ethylene oxide emissions standards under the Clean Air Act, and for other purposes.
Sponsor: Rep. Schneider, Bradley Scott [D-IL-10] (Introduced 11/28/2018) Cosponsors: (2)
Committees: House - Energy and Commerce
Latest Action: House - 11/28/2018 Referred to the House Committee on Energy and Commerce.

S.3673 — 115th Congress (2017-2018)
A bill to require the Secretary of Energy to carry out quantum information science research, and for other purposes.
Sponsor: Sen. Murkowski, Lisa [R-AK] (Introduced 11/28/2018) Cosponsors: (5)
Committees: Senate - Energy and Natural Resources
Latest Action: Senate - 11/28/2018 Read twice and referred to the Committee on Energy and Natural Resources.

S.3671 — 115th Congress (2017-2018)
A bill to require the Administrator of the Environmental Protection Agency to revise certain ethylene oxide emissions standards under the Clean Air Act, and for other purposes.
Sponsor: Sen. Durbin, Richard J. [D-IL] (Introduced 11/28/2018) Cosponsors: (1)
Committees: Senate - Environment and Public Works
Latest Action: Senate - 11/28/2018 Read twice and referred to the Committee on Environment and Public Works.

S.3664 — 115th Congress (2017-2018)
A bill to amend the Clean Air Act to create a national zero-emission vehicle standard, and for other purposes.
Sponsor: Sen. Merkley, Jeff [D-OR] (Introduced 11/28/2018) Cosponsors: (1)
Committees: Senate - Environment and Public Works
Latest Action: Senate - 11/28/2018 Read twice and referred to the Committee on Environment and Public Works.

 

Financial Services

H.R.7182 — 115th Congress (2017-2018)
To require a report on oligarchs and parastatal entities of Iran, and for other purposes.
Sponsor: Rep. Kustoff, David [R-TN-8] (Introduced 11/28/2018) Cosponsors: (0)
Committees: House - Foreign Affairs, Financial Services
Latest Action: House - 11/28/2018 Referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee...

S.3670 — 115th Congress (2017-2018)
A bill to reauthorize the National Flood Insurance Program.
Sponsor: Sen. Scott, Tim [R-SC] (Introduced 11/28/2018) Cosponsors: (0)
Committees: Senate - Banking, Housing, and Urban Affairs
Latest Action: Senate - 11/28/2018 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

 

Tax

H.R.7184 — 115th Congress (2017-2018)
To provide for a ban on the retroactive taxation of internet commerce, and for other purposes.
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5] (Introduced 11/28/2018) Cosponsors: (0)
Committees: House - Judiciary
Latest Action: House - 11/28/2018 Referred to the House Committee on the Judiciary.

S.3674 — 115th Congress (2017-2018)
A bill to amend the Internal Revenue Code of 1986 to modify the global intangible low-taxed income by repealing the tax-free deemed return on investments and determining net CFC tested income on a per-country basis.
Sponsor: Sen. Klobuchar, Amy [D-MN] (Introduced 11/28/2018) Cosponsors: (1)
Committees: Senate - Finance
Latest Action: Senate - 11/28/2018 Read twice and referred to the Committee on Finance.

PublicationsInsights on Current Policy Issues

  • August 13, 2018

    By David E. Franasiak, Joel G. Oswald, Michael D. Kans, and Rebecca L. Konst

     This memorandum will provide a survey of federal action on cryptocurrencies (aka virtual currencies), including enforcement and guidance. At present, some federal regulators have begun asserting oversight and enforcement authority under their existing powers while other potential regulators have not yet indicated publicly what, if any, oversight they will exercise. Other federal stakeholders on cryptocurrencies have also begun to engage. However, the U.S. government’s approach to virtual currencies remains fluid.

     

    Read...

    Read More
  • January 11, 2018

    By Frank Vlossak

    Since taking office, President Trump and his Administration have worked toward regulatory reform that includes the review, revision, and repeal of existing regulations, with a focus on rules promulgated by the Obama Administration. Congress has played a key role in this effort, through the use of the Congressional Review Act to repeal rules finalized in the waning months of the prior Administration, as well as one rule issued by the Consumer Financial Protection Bureau (CFPB) in 2017.

    President Trump signed a series of executive orders in the early months of his presidency that are propelling the deregulatory efforts of federal agencies. These executive orders: set a cap limiting regulations in Fiscal Year 2017 to zero net cost; provide agencies with a framework for limiting new regulations and identifying existing rules to repeal or revise; direct review and revision or repeal of the “Waters of the United States” rule issued by the Obama Administration; and require review and reform of energy and climate-related regulations.

     

    Read...

    Read More
  • October 10, 2017

    By Frank Vlossak

    On October 10, Environmental Protection Agency (EPA) Administrator Scott Pruitt signed a Notice of Proposed Rulemaking (NPRM) titled “Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generating Units”. The NPRM would rescind the Obama Administration’s Clean Power Plan (CPP), a rule that would reduce greenhouse gas (GHG) emissions from existing power generation sector sources, namely coal and natural gas power plants.

    Read...

    Read More

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