PublicationsInsights on Current Policy Issues

  • December 17, 2018

    By David E. Franasiak, Joel G. Oswald, Leah H. Kim, and Rebecca L. Konst

    This memorandum provides an update of federal action on cryptocurrencies, including enforcement and guidance. It also provides a summary of Congressional activity relating to cryptocurrencies and blockchain technology.

     

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  • 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...

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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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The House will complete consideration of H.R. 2722 – Securing America’s Federal Elections Act (Rep. Lofgren – House Administration). The Senate will resume consideration of S.1790, National Defense Authorization Act.

THE HOUSE

 

Yesterday

  • SUMMARY OF LEGISLATIVE BUSINESS
    • Quigley (D-IL) En Bloc #1
    • Graves, Garret (R-LA) - Amendment No. 11 - Increases and decreases funding to the SBA Disaster Loan Program by $1 million in order to urge the SBA Administrator to consider a SBA Disaster Loan recipient’s duplication of benefits relief eligibility, under Section 312 of the Stafford Act, before pursuing enforcement actions.
    • Clay (D-MO) - Amendment No. 12 - Transfers $250,000 from the General Services Administration rental of space account to increase funding from $1.25 million to $1.5 million for the Model Acts Program at the Office of National Drug Control Policy, which provides guidance for State plans to address the various substance use disorders that harm families and communities.
    • Castor (D-FL) - Amendment No. 14 - Reduces and increases funding of the FTC account by $3 million to encourage the FTC to take enforcement action against companies that fail to protect children's privacy.
    • Kustoff (R-TN), Foster (D-IL) - Amendment No. 15 - Increases and decreases funding to the High Intensity Drug Trafficking Areas program by $1 million.
    • Dunn (R-FL), Rice, Tom (R-SC) - Amendment No. 17 - Increases and decreases by $1,000,000 the Internal Revenue Service Taxpayer Services account to prioritize tax counseling services for victims of recent natural disasters.
    • Foster (D-IL) - Amendment No. 20 - Adds and removes a dollar from the Financial Crimes Enforcement Network Salaries and Expenses Account to encourage the Financial Crimes Enforcement Network (FinCEN) and its partners to take proactive efforts to identify and bring into compliance unregistered money transmitters, particularly virtual currency exchangers, administrators, and crypto-mixers that seek to conceal the source of the transmission of virtual currency to combat the threat of money laundering and other forms of illicit financing.
    • Cheney (R-WY) - Amendment No. 21 - Increases and decreases funding by $1,000,000 to prioritizes funding for the FCC to combat unwanted robocalls intended to scam seniors.
    • Beatty (D-OH) - Amendment No. 22 - Increases and decreases $20 from the Department of Treasury to instruct the printing of $20 Federal Notes which prominently feature the abolitionist, Harriet Tubman, and a public release of its draft.
    • Guest (R-MS) - Amendment No. 23 - Increases the Bank Enterprise Award Program by $1,000,000 which is offset by decreasing the General Services Administration’s rent account by the same amount.
    • Steil (R-WI) - Amendment No. 25 - Increases and decreases funds for the Department of the Treasury by $500,000 to convey the sense of Congress that Treasury should continue to support the Financial Literacy and Education Commission’s (FLEC) work to serve historically disadvantaged individuals.
    • Panetta (D-CA) - Amendment No. 29 - Increases/decreases appropriations for the Internal Revenue Service Office Taxpayer Services account by $1,000,000 to support marketing activities promoting free federal tax filing programs and free federal tax services for military servicemembers.
    • Trahan (D-MA) - Amendment No. 31 - Decreases and increases funding by $1 for the Federal Communications Commission (FCC) to highlight the importance of completing its investigation into the sale of geolocation data by wireless carriers to third party location aggregators
    • Neguse (D-CO) - Amendment No. 37 - Increases and decreases funding for the Postal Service Fund by $1 million to express the importance of improving delivery services and shortening post office wait times in rural areas.
    • McBath (D-GA) - Amendment No. 38 - Increases by $1.5 million funding for Alcohol and Tobacco Tax and Trade Bureau.
    • McBath (D-GA) - Amendment No. 39 - Increases by $2 million funding for Community Development Financial Institutions (CDFI) Financial and Technical Assistance.
      • - ADOPTED BY VOICE
    • Grothman (R-WI) - Amendment No. 13 - Reduces each amount appropriated or made available in this Act by 3.1 percent
      • - REJECTED 151 - 274, ROLL CALL 415
    • Quigley (D-IL) En Bloc #2
    • Cohen (D-TN), Raskin (D-MD), DeSaulnier (D-CA), Jeffries (D-NY) - Amendment No. 16 - Prohibits the use of funds to enter into any new contract, grant, or cooperative agreement with any Trump related business listed in the President Trump’s Annual Financial Disclosure Report submitted to the Office of Government Ethics as well as certain Trump related properties listed on the Trump Organization’s website (the specific properties are listed in the amendment)
    • Plaskett (D-VI) - Amendment No. 24 - Provides for inclusion of the island territories of the United States within the meaning of the terms “high-poverty area” and “persistent poverty counties”.
    • Jayapal (D-WA), Deutch (D-FL) - Amendment No. 28 - Increases and decreases funding for the Federal Election Commission by $1,000,000 to support enforcement of prohibitions against the solicitation, acceptance, or receipt of anything of value from a foreign national in connection with a U.S. election pursuant to 52 USC 30121.
    • Omar (D-MN) - Amendment No. 30 - Increase funding by $1,000,000 for the Healthy Food Financing Initiative within the Community Development Financial Institutions Fund Program Account, offset by decreasing $1,000,000 from the General Services Administration.
    • Porter (D-CA) - Amendment No. 36 - Prohibits the Federal Communications Committee from finalizing a draft declaratory ruling that would overturn local ordinances that promote broadband competition.
    • Ocasio-Cortez (D-NY) - Amendment No. 41 - Transfers $3 million from the White House Office of Administration account to the Office of the Inspector General account
    • Waters (D-CA) - Amendment No. 43 - Prohibits the Securities and Exchange Commission from proposing, implementing, administering, or enforcing any rule that would revise the reliance of certain advisors on the proxy solicitation exemption under 240.14a-2(b) of Title 17, Code of Federal Regulations.
    • Waters (D-CA) - Amendment No. 44 - Prohibits the Securities and Exchange Commission from using funds to propose, implement, administer, or enforce any rule that would revise the threshold for shareholder proposals or resubmissions under 240.14a-8 of title 17, Code of Federal Regulations.
    • Waters (D-CA) - Amendment 45 - Prohibits the Securities and Exchange Commission from implementing, administering, enforcing, or publicizing the final rules and interpretations of the Securities and Exchange Commission rule entitled “Regulation Best Interest: The Broker-Dealer Standard of Conduct” (File No. S7-07-18).
    • Waters (D-CA) - Amendment No. 46 - Increases funding for the Small Business Administration’s Office of Entrepreneurial Development by $5,000,000 in order to further support the training and counseling needs of small businesses through the national network of development centers and women’s business centers. Reduces GSA Real Property Activities Account by $5,000,000.
      • - ADOPTED 227 - 200, ROLL CALL 416
    • Connolly (D-VA), Beyer (D-VA) - Amendment No. 18 - Prohibits the Office of Personnel Management from carrying out any furloughs or reductions in force of its employees.
      • - ADOPTED BY VOICE
    • Banks (R-IN) - Amendment No. 19 - Reduces spending for each amount made available by this act, except amounts made available to the Department of Defense, by 14 percent.
      • - REJECTED 141 - 285, ROLL CALL 417
    • Suozzi (D-NY) - Amendment No. 26 - Increases by $1 million funding for the Small Business Administration’s Entrepreneurial Development Programs, for the SBA’s Veterans Business Outreach Centers.
      • - ADOPTED 406 - 19, ROLL CALL 418
    • Lee, Susie (D-NV), Amodei (R-NV) - Amendment No. 27 - Provides an additional $1,000,000 to the Drug-Free Communities Program account to support local governments’ critical opioid response efforts in communities hit hardest by the opioid crisis and makes a corresponding reduction in the General Services Administration sub-account for the “rental of space.”
      • - ADOPTED 400 - 27, ROLL CALL 419
    • Dean (D-PA) - Amendment No. 32 - Increases CDFI Program Integration for Individuals with Disabilities dedicated funding by $2,000,000, to increase financial and technical assistance, and allow more CDFIs to respond to the housing, transportation, education, and employment needs of underserved, low-income individuals with disabilities.
      • - ADOPTED 373 - 51, ROLL CALL 420
    • Tlaib (D-MI) - Amendment No. 33 - Requests a $5 million increase to the Entrepreneurial Development Program for the Women’s Development Center, a transfer of the same amount from the Treasury-Wide Salaries and Expenses.
      • - NOT OFFERED
    • Finkenauer (D-IA) - Amendment No. 34 - Prohibits the use of funds to provide new funding for the “Minimum Performance Tier” as defined by the FCC.
      • - NOT OFFERED
    • Kim (D-NJ) - Amendment No. 35 - Increases funding for the Small Business Administration’s entrepreneurial development programs by $1,000,000 to be directed towards Small Business Development Centers and Veterans Business Outreach Centers.
      • - ADOPTED 408 - 17, ROLL CALL 421
    • Malinowski (D-NJ) -Amendment No. 40 - Increases by $1,000,000 the minimum amount to be directed toward IRS' Tax Counseling for the Elderly Program.
      • - ADOPTED 362 - 65, ROLL CALL 422
    • Craig (D-MN) - Amendment No. 42 - Stipulates that no new funds may be used for the data collection solicited by the Federal Communications Commission’s Form 477 Local Telephone Competition and Broadband Reporting Program due to existing language that permits Internet (10 minutes) Service Providers to include currently unserved areas in their reporting of where broadband is available.
      • - NOT OFFERED
    • Republican Motion to Recommit on H.R. 3351
      • - ADOPTED 226 - 195, ROLL CALL 423
    • Passage of H.R. 3351 - Financial Services and General Government Appropriations Act, 2020
      • - PASSED 224 - 196, ROLL CALL 424

 

Today

  • One Minutes (5 per side)
  • Complete Consideration of H.R. 2722 – Securing America’s Federal Elections Act (Rep. Lofgren – House Administration)
  • The Rule, which was adopted yesterday, provides for one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on House Administration.
  • Possible Consideration of legislation related to the Humanitarian Assistance and Security at the Southern Border Act

 

THE SENATE

 

Yesterday

  • Roll Call Votes
    1. Passage of H.R.3401, Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019 (60 affirmative votes for passage); not passed: 37-55.
    2. Motion to table Paul Amendment #902 (Foreign Aid Cuts) to H.R. 3401; tabled: 77-15.
    3. Adoption of Shelby Substitute Amendment #901 to H.R. 3401; agreed to: 84-8.
    4. Passage of H.R.3401, as amended, Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019; passed: 84-8.
  • Legislative Business
    • Passed by voice vote S.528: Fairness for Breastfeeding Mothers Act.
    • Passed by voice vote H.R.866: Fairness for Breastfeeding Mothers Act.
    • Adopted S.Res.266: congratulating the St. Louis Blues on winning the 2019 Stanley Cup Final.

 

Today

  • The Senate stands adjourned until 9:30am on Thursday, June 27, 2019.
  • Following Leader remarks, the Senate will resume consideration of S.1790, National Defense Authorization Act.
  • At 12:00 Noon, the Senate will vote on the motion to invoke cloture on the Inhofe substitute amendment #764. If cloture is invoked, amendments #864, 863, and 862 will be withdrawn and the Senate will vote on Romney amendment #861. Therefore, there will be 2 roll call votes at Noon.
  • At 1:45pm, the Senate will vote on adoption of the substitute amendment, as amended, if amended. The cloture motion with respect to the underlying bill will be withdrawn and the Senate will vote on passage of S.1790, NDAA, as amended. Therefore, there will be 2 roll call votes at 1:45pm.
  • Further, at a time to be determined by the Majority Leader in consultation with the Democratic Leader on Friday, June 28th the Senate will vote on the Udall amendment #883, notwithstanding passage of S.1790, with a 60-affirmative vote threshold for adoption. Senator McConnell announced that he expects the vote to start early in the day and stay open for a while.
  • Thursday at 12:00 Noon – 2 roll call votes
    • 1. Motion to invoke cloture on Inhofe amendment #764 (substitute), as modified
    • 2. Romney amendment #861 (Use of Funds)
  • Thursday at 1:45pm – 2 roll call votes
    • 3. Adoption of the Inhofe Substitute amendment #764, as amended
    • 4. Passage of S.1790, NDAA, as amended
  • Friday at a time TBD – 1 roll call vote
    • Adoption of Udall amendment #883 [60 vote affirmative threshold]
  • Amendments pending to S.1790, NDAA:
    • Inhofe amendment #764, as modified (substitute)
    • McConnell for Romney amendment #861 (use of funds to defend U.S)
    • McConnell Amendment #862 to SA #861 (date change)
    • McConnell Amendment #863 to the language proposed to be stricken (date change)
    • McConnell Amendment #864 to SA #863 (date change)
    • McConnell Motion to recommit with amendment #865 (date change)
    • Amendment #866 to SA#865 (date change)
    • Amendment #867 to SA #866 (date change)

 

Hearings Covered by W&J Today

 

Senate Judiciary
Drug Pricing Markup

Senate Energy and Natural Resources
Hearing to Examine Storage of Nuclear Waste and the Nuclear Waste Administration Act

Senate Banking
Oversight and Reauthorization of the Export-Import Bank

Alliance for Aging Research
The Real-World Medicare Costs of Alzheimer’s Disease

 

Notable Legislation Introduced

 

Financial Services

H.R.3508 — 116th Congress (2019-2020)
To impose sanctions with respect to the People's Republic of China in relation to activities in the South China Sea and the East China Sea, and for other purposes.
Sponsor: Rep. Gallagher, Mike [R-WI-8] (Introduced 06/26/2019) Cosponsors: (1)
Committees: House - Foreign Affairs, Judiciary, Financial Services, Armed Services, Transportation and Infrastructure
Latest Action: House - 06/26/2019 Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Armed Services, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of...

H.R.3501 — 116th Congress (2019-2020)
To expose and deter unlawful and subversive foreign interference in elections for Federal office, and for other purposes.
Sponsor: Rep. Engel, Eliot L. [D-NY-16] (Introduced 06/26/2019) Cosponsors: (28)
Committees: House - Foreign Affairs, Judiciary, Financial Services
Latest Action: House - 06/26/2019 Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and 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...

 

Health

H.R.3523 — 116th Congress (2019-2020)
To require the Secretary of Health and Human Services to establish reference prices for prescription drugs for purposes of Federal health programs, and for other purposes.
Sponsor: Rep. Welch, Peter [D-VT-At Large] (Introduced 06/26/2019) Cosponsors: (1)
Committees: House - Energy and Commerce, Ways and Means, Armed Services, Veterans' Affairs, Oversight and Reform, Natural Resources
Latest Action: House - 06/26/2019 Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Armed Services, Veterans' Affairs, Oversight and Reform, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for...

H.R.3520 — 116th Congress (2019-2020)
To reauthorize the Stem Cell Therapeutic and Research Act of 2005, and for other purposes.
Sponsor: Rep. Smith, Christopher H. [R-NJ-4] (Introduced 06/26/2019) Cosponsors: (1)
Committees: House - Energy and Commerce
Latest Action: House - 06/26/2019 Referred to the House Committee on Energy and Commerce.

H.R.3502 — 116th Congress (2019-2020)
To amend the Public Health Service Act and title XI of the Social Security Act to protect health care consumers from surprise billing practices, and for other purposes.
Sponsor: Rep. Ruiz, Raul [D-CA-36] (Introduced 06/26/2019) Cosponsors: (32)
Committees: House - Energy and Commerce, Ways and Means, Oversight and Reform, Education and Labor
Latest Action: House - 06/26/2019 Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Oversight and Reform, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as...

H.R.3496 — 116th Congress (2019-2020)
To authorize the Attorney General to make grants to, and enter into cooperative agreements with, States and units of local government to develop, implement, or expand 1 or more programs to provide medication-assisted treatment to individuals who have opioid use disorder and are incarcerated within the jurisdictions of the States or units of local government.
Sponsor: Rep. Kuster, Ann M. [D-NH-2] (Introduced 06/26/2019) Cosponsors: (3)
Committees: House - Judiciary
Latest Action: House - 06/26/2019 Referred to the House Committee on the Judiciary.

S.1993 — 116th Congress (2019-2020)
A bill to restrict Federal funding for health care entities that do not respect all human life and patient rights.
Sponsor: Sen. Cramer, Kevin [R-ND] (Introduced 06/26/2019) Cosponsors: (2)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: Senate - 06/26/2019 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

S.1989 — 116th Congress (2019-2020)
A bill to amend title XVIII of the Social Security Act to provide for transparency of Medicare secondary payer reporting information, and for other purposes.
Sponsor: Sen. Scott, Tim [R-SC] (Introduced 06/26/2019) Cosponsors: (1)
Committees: Senate - Finance
Latest Action: Senate - 06/26/2019 Read twice and referred to the Committee on Finance.

S.1987 — 116th Congress (2019-2020)
A bill to require the Secretary of Health and Human Services to establish reference prices for prescription drugs for purposes of Federal health programs, and for other purposes.
Sponsor: Sen. Merkley, Jeff [D-OR] (Introduced 06/26/2019) Cosponsors: (0)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: Senate - 06/26/2019 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

S.1983 — 116th Congress (2019-2020)
A bill to authorize the Attorney General to make grants to, and enter into cooperative agreements with, States and units of local government to develop, implement, or expand 1 or more programs to provide medication-assisted treatment to individuals who have opioid use disorder and are incarcerated within the jurisdictions of the States or units of local government.
Sponsor: Sen. Markey, Edward J. [D-MA] (Introduced 06/26/2019) Cosponsors: (3)
Committees: Senate - Judiciary
Latest Action: Senate - 06/26/2019 Read twice and referred to the Committee on the Judiciary.

 

PublicationsInsights on Current Policy Issues

  • December 17, 2018

    By David E. Franasiak, Joel G. Oswald, Leah H. Kim, and Rebecca L. Konst

    This memorandum provides an update of federal action on cryptocurrencies, including enforcement and guidance. It also provides a summary of Congressional activity relating to cryptocurrencies and blockchain technology.

     

    Read...

    Read More
  • 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

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