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.

    Read...

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The House will hold one postponed suspension vote on H.R. 6901 – Federal CIO Authorization Act of 2018. The Senate will resume consideration of Bernard L. McNamee, to be a Member of the Federal Energy Regulatory Commission.

 

THE HOUSE

 

Yesterday

  • Shiloh National Military Park Boundary Adjustment and Parker's Crossroads Battlefield Designation Act--Rule for Consideration:
    • The House agreed to H. Res. 1160, providing for consideration of the Senate amendment to the bill (H.R. 88) to modify the boundary of the Shiloh National Military Park located in Tennessee and Mississippi, to establish Parker's Crossroads Battlefield as an affiliated area of the National Park System, by a yea-and-nay vote of 219 yeas to 181 nays, Roll No. 423, after the previous question was ordered without objection.
  • Suspensions: The House agreed to suspend the rules and pass the following measures:
    • Extending the National Flood Insurance Program until December 7, 2018:
      • H.R. 7187, to extend the National Flood Insurance Program until December 7, 2018, by a \2/3\ yea-and-nay vote of 350 yeas to 46 nays, Roll No. 424.
    • Federal Agency Customer Experience Act:
      • H.R. 2846, amended, to require the collection of voluntary feedback on services provided by agencies;
    • Agreed to amend the title so as to read:
      • ``To require the collection of voluntary customer service feedback on services provided by agencies, and for other purposes.''.
    • All-American Flag Act:
      • H.R. 3121, amended, to require the purchase of domestically made flags of the United States of America for use by the Federal Government;
    • Inspector General Access Act:
      • H.R. 3154, to amend the Inspector General Act of 1978 relative to the powers of the Department of Justice Inspector General;
    • 21st Century Integrated Digital Experience Act:
      • H.R. 5759, amended, to improve executive agency digital services; and
    • Settlement Agreement Information Database Act of 2018:
      • H.R. 6777, to amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements.
    • Suspension--Proceedings Postponed:
      • The House debated the following measure under suspension of the rules. Further proceedings were postponed.
    • Federal CIO Authorization Act of 2018:
      • H.R. 6901, amended, to amend chapter 36 of title 44, United States Code, to make certain changes relating to electronic Government services.

 

Today

  • On Friday, the House will meet at 9:00 a.m. for legislative business. First and last votes are expected: 10:00 a.m. – 11:00 a.m.
  • Postponed Suspension Vote:
    • 1) 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:
    • National Flood Insurance Program Extension:
      • Senate passed H.R. 7187, to extend the National Flood Insurance Program until December 7, 2018.
    • National Flood Insurance Program Extension Act:
      • Committee on Banking, Housing, and Urban Affairs was discharged from further consideration of S. 3628, to reauthorize the National Flood Insurance Program, and the bill was then passed.
    • Disappearance of David Sneddon:
      • Senate agreed to S. Res. 92, expressing concern over the disappearance of David Sneddon.
    • National Family Service Learning Week:
      • Committee on Health, Education, Labor, and Pensions was discharged from further consideration of S. Res. 688, expressing support for the designation of the week of November 19 through November 23, 2018, as ``National Family Service Learning Week'', and the resolution was then agreed to.
    • Condemning Russia's actions against the Ukrainian Navy:
      • Committee on Foreign Relations was discharged from further consideration of S. Res. 709, condemning Russia's provocative actions in the Kerch Strait against the Ukrainian navy, and the resolution was then agreed to.
    • Printing of the pocket version of the U.S. Constitution:
      • Senate agreed to S. Con. Res. 54, authorizing the printing of the 26th edition of the pocket version of the Constitution of the United States.
    • Authorizing use of official office funds:
      • Senate agreed to S. Res. 712, authorizing the use of official office funds to purchase the pocket version of the Constitution of the United States.
    • Signing Authority--Agreement:
      • A unanimous-consent agreement was reached providing that the Majority Leader and Senator Murkowski be authorized to sign duly enrolled bills or joint resolutions on Friday, November 30, 2018.
    • Farr Nomination--Agreement:
      • A unanimous-consent agreement was reached providing that the order of Wednesday, November 28, 2018, with respect to the nomination of Thomas Alvin Farr, to be United States District Judge for the Eastern District of North Carolina, be vitiated and that notwithstanding Rule XXII, it be in order to move to proceed to the nomination the week of December 3, 2018, and that if the motion is agreed to, Senate vote on confirmation of the nomination, with no intervening action or debate.
    • Kobes Nomination--Cloture:
      • Senate resumed consideration of the nomination of Jonathan A. Kobes, of South Dakota, to be United States Circuit Judge for the Eighth Circuit.
  • During consideration of this nomination today, Senate also took the following action:
    • By 50 yeas to 49 nays, Vice President voting yea (Vote No. EX. 251), Senate agreed to the motion to close further debate on the nomination.
    • Kraninger Nomination--Cloture: Senate resumed consideration of the nomination of Kathleen Laura Kraninger, of Ohio, to be Director, Bureau of Consumer Financial Protection.
    • During consideration of this nomination today, Senate also took the following action:
    • By 50 yeas to 49 nays (Vote No. EX. 252), Senate agreed to the motion to close further debate on the nomination.
    • McNamee Nomination--Cloture: Senate began consideration of the nomination of Bernard L. McNamee, of Virginia, to be a Member of the Federal Energy Regulatory Commission.
    • A motion was entered to close further debate on the nomination, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, and pursuant to the unanimous-consent agreement of Thursday, November 29, 2018, a vote on cloture will occur at 5:30 p.m. on Monday, December 3, 2018.
  • Prior to the consideration of this nomination, Senate took the following action:
    • Senate agreed to the motion to proceed to Legislative Session.
    • Senate agreed to the motion to proceed to Executive Session to consider the nomination.
    • A unanimous-consent agreement was reached providing that Senate resume consideration of the nomination at approximately 3 p.m. on Monday, December 3, 2018; and that notwithstanding Rule XXII, the cloture vote on the nomination occur at 5:30 p.m.

 

Today

  • The Senate stands adjourned until 3:00pm on Monday, December 3, 2018.
  • Following leader remarks, the Senate will resume consideration of Executive Calendar #1153, Bernard L. McNamee, of Virginia, to be a Member of the Federal Energy Regulatory Commission.
  • At 5:30pm, the Senate will vote on the motion to invoke cloture on the McNamee nomination.
  • Monday at 5:30pm – 1 roll call vote
    • 1. Motion to invoke cloture on Executive Calendar #1153, Bernard L. McNamee, of Virginia, to be a Member of the Federal Energy Regulatory Commission.

 

Hearings Covered by W&J Today

 

No hearings scheduled

 

Notable Legislation Introduced

 

Agriculture

S.3681 — 115th Congress (2017-2018)
A bill to amend the Animal Health Protection Act to establish an Animal Disease and Disaster Prevention, Surveillance, and Rapid Response Program and a National Livestock Vaccine Bank, and for other purposes.
Sponsor: Sen. Klobuchar, Amy [D-MN] (Introduced 11/29/2018) Cosponsors: (1)
Committees: Senate - Agriculture, Nutrition, and Forestry
Latest Action: Senate - 11/29/2018 Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

 

Energy

H.R.7189 — 115th Congress (2017-2018)
To modernize the National Air Toxics Assessment, the Integrated Risk Information System, and the Agency for Toxic Substances and Disease Registry, and for other purposes.
Sponsor: Rep. Foster, Bill [D-IL-11] (Introduced 11/29/2018) Cosponsors: (2)
Committees: House - Energy and Commerce
Latest Action: House - 11/29/2018 Referred to the House Committee on Energy and Commerce.

S.3691 — 115th Congress (2017-2018)
A bill to modernize the National Air Toxics Assessment, the Integrated Risk Information System, and the Agency for Toxic Substances and Disease Registry, and for other purposes.
Sponsor: Sen. Duckworth, Tammy [D-IL] (Introduced 11/29/2018) Cosponsors: (1)
Committees: Senate - Environment and Public Works
Latest Action: Senate - 11/29/2018 Read twice and referred to the Committee on Environment and Public Works.

S.3677 — 115th Congress (2017-2018)
A bill to provide for certain programs and developments in the Department of Energy concerning the cybersecurity and vulnerabilities of, and physical threats to, the electric grid, and for other purposes.
Sponsor: Sen. Gardner, Cory [R-CO] (Introduced 11/29/2018) Cosponsors: (1)
Committees: Senate - Energy and Natural Resources
Latest Action: Senate - 11/29/2018 Read twice and referred to the Committee on Energy and Natural Resources.

S.3676 — 115th Congress (2017-2018)
A bill to amend the Energy Policy and Conservation Act to provide Federal financial assistance to States to implement State energy security plans, and for other purposes.
Sponsor: Sen. Gardner, Cory [R-CO] (Introduced 11/29/2018) Cosponsors: (1)
Committees: Senate - Energy and Natural Resources
Latest Action: Senate - 11/29/2018 Read twice and referred to the Committee on Energy and Natural Resources.

 

Financial Services

H.R.7187 — 115th Congress (2017-2018)
To extend the National Flood Insurance Program until December 7, 2018.
Sponsor: Rep. MacArthur, Thomas [R-NJ-3] (Introduced 11/29/2018) Cosponsors: (0)
Committees: House - Financial Services
Latest Action: Senate - 11/29/2018 Message on Senate action sent to the House.

S.3682 — 115th Congress (2017-2018)
A bill to require the appropriate Federal banking agencies to recognize the exposure-reducing nature of client margin for cleared derivatives.
Sponsor: Sen. Perdue, David [R-GA] (Introduced 11/29/2018) Cosponsors: (0)
Committees: Senate - Banking, Housing, and Urban Affairs
Latest Action: Senate - 11/29/2018 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

 

Health

S.3693 — 115th Congress (2017-2018)
A bill to amend title XVIII of the Social Security Act to provide for the treatment of certain cancer hospitals.
Sponsor: Sen. Hatch, Orrin G. [R-UT] (Introduced 11/29/2018) Cosponsors: (0)
Committees: Senate - Finance
Latest Action: Senate - 11/29/2018 Read twice and referred to the Committee on Finance.

S.3685 — 115th Congress (2017-2018)
A bill to amend the Public Health Service Act to expand the authority of the Secretary of Health and Human Services to permit nurses to practice in health care facilities with critical shortages of nurses through programs for loan repayment and scholarships for nurses.
Sponsor: Sen. Young, Todd C. [R-IN] (Introduced 11/29/2018) Cosponsors: (1)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: Senate - 11/29/2018 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

S.3680 — 115th Congress (2017-2018)
A bill to require the Secretary of Health and Human Services to establish references prices for prescription drugs for purposes of Federal health programs.
Sponsor: Sen. Merkley, Jeff [D-OR] (Introduced 11/29/2018) Cosponsors: (0)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: Senate - 11/29/2018 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

 

Tax

H.R.7196 — 115th Congress (2017-2018)
To amend the Internal Revenue Code of 1986 to provide investment and production tax credits for emerging energy technologies, and for other purposes.
Sponsor: Rep. Reed, Tom [R-NY-23] (Introduced 11/29/2018) Cosponsors: (2)
Committees: House - Ways and Means
Latest Action: House - 11/29/2018 Referred to the House Committee on Ways and Means.

 

Transportation

H.R.7202 — 115th Congress (2017-2018)
To require a study to determine the best available estimate of the total amount of non-highway recreational fuel taxes received by the Secretary of the Treasury.
Sponsor: Rep. Welch, Peter [D-VT-At Large] (Introduced 11/29/2018) Cosponsors: (1)
Committees: House - Transportation and Infrastructure, Ways and Means
Latest Action: House - 11/29/2018 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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...

H.R.7192 — 115th Congress (2017-2018)
To enhance the early warning reporting requirements for motor vehicle manufacturers, and for other purposes.
Sponsor: Rep. Cartwright, Matt [D-PA-17] (Introduced 11/29/2018) Cosponsors: (0)
Committees: House - Energy and Commerce
Latest Action: House - 11/29/2018 Referred to the House Committee on Energy and Commerce.

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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