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 three bills under suspension of the rules then will consider H.R. 1635 – Empowering Students Through Enhanced Financial Counseling Act. The Senate will resume consideration of Elad L. Roisman, to be a Member of the Securities and Exchange Commission.

THE HOUSE

 

Yesterday

  • Suspensions: The House agreed to suspend the rules and pass the following measures:
    • Miscellaneous Tariff Bill Act of 2018:
      • Concur in the Senate amendments to H.R. 4318, to amend the Harmonized Tariff Schedule of the United States to modify temporarily certain rates of duty;
    • Biometric Identification Transnational Migration Alert Program Authorization Act of 2018:
      • H.R. 6439, to amend the Homeland Security Act of 2002 to establish in the Department of Homeland Security the Biometric Identification Transnational Migration Alert Program, by a \2/3\ yea-and-nay vote of 272 yeas to 119 nays, Roll No. 381;
    • TSA Opportunities to Pursue Expanded Networks for Business Act:
      • H.R. 6459, to amend the Homeland Security Act of 2002 to require a strategy to diversify the technology stakeholder marketplace regarding the acquisition by the Transportation Security Administration of security screening technologies;
    • Securing the Homeland Security Supply Chain Act of 2018:
      • H.R. 6430, to amend the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to implement certain requirements for information relating to supply chain risk;
    • Advancing Cybersecurity Diagnostics and Mitigation Act:
      • H.R. 6443, amended, to amend the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish a continuous diagnostics and mitigation program at the Department of Homeland Security;
    • Maritime Border Security Review Act:
      • H.R. 5869, amended, to require the Secretary of Homeland Security to conduct a maritime border threat analysis;
    • Fitness Information Transparency Act of 2018:
      • H.R. 6374, amended, to require the Department of Homeland Security to streamline Federal contractor fitness determinations;
    • Department of Homeland Security Chief Data Officer Authorization Act:
      • H.R. 6447, amended, to amend the Homeland Security Act of 2002 to establish the position of Chief Data Officer of the Department of Homeland Security;
    • PreCheck is PreCheck Act of 2018:
      • H.R. 6265, amended, to ensure that only travelers who are members of a trusted traveler program use Transportation Security Administration security screening lanes designated for trusted travelers;
    • TSA National Deployment Force Act:
      • H.R. 6461, to amend title 49, United States Code, to establish in the Transportation Security Administration a National Deployment Office;
    • DHS Countering Unmanned Aircraft Systems Coordinator Act:
      • H.R. 6438, amended, to amend the Homeland Security Act of 2002 to establish in the Department of Homeland Security an Unmanned Aircraft Systems Coordinator; and
    • United States Ports of Entry Threat and Operational Review Act:
      • H.R. 6400, amended, to require the Secretary of Homeland Security to conduct a threat and operational analysis of ports of entry.
    • Department of Defense Appropriations Act, 2019:
      • The House agreed by unanimous consent to disagree to the Senate amendment and request a conference on H.R. 6157, making appropriations for the Department of Defense for the fiscal year ending September 30, 2019.
    • Rejected the DeLauro motion to instruct conferees by a yea-and-nay vote of 171 yeas to 221 nays, Roll No. 380.
  • Later, the Chair appointed the following conferees:
    • Representatives Frelinghuysen, Granger, Cole, Calvert, Womack, Aderholt, Rogers (KY), Roby, Lowey, Visclosky, DeLauro, Roybal-Allard, and McCollum.

 

Today

  • On Wednesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First votes expected: 1:15 p.m. – 2:15 p.m. Last votes expected: 5:00 p.m. – 6:00 p.m.
  • Legislation Considered Under Suspension of the Rules:
    • 1) H.R. 4969 – Embassy Security Authorization Act, Fiscal Year 2019, as amended (Sponsored by Rep. Michael McCaul / Foreign Affairs Committee)
    • 2) H.R. 5576 – Cyber Deterrence and Response Act of 2018, as amended (Sponsored by Rep. Ted Yoho / Foreign Affairs Committee)
    • 3) H.R. 5274 – Global Electoral Exchange Act (Sponsored by Rep. Joaquin Castro / Foreign Affairs Committee)
  • H.R. 1635 – Empowering Students Through Enhanced Financial Counseling Act (Structured Rule) (Sponsored by Rep. Brett Guthrie / Education and the Workforce Committee)
  • The Rules provides for one hour of general debate and makes in order the following amendments:
    • Rep. Elise Stefanik Amendment (10 minutes of debate)
    • Rep. Stephanie Murphy Amendment (10 minutes of debate)
    • Reps. O’Halleran / Bera Amendment (10 minutes of debate)
    • Rep. Jason Lewis Amendment (10 minutes of debate)
    • Rep. Rick Allen Amendment (10 minutes of debate)
    • Rep. Vicky Hartzler Amendment (10 minutes of debate)
    • Rep. Pramila Jayapal Amendment (10 minutes of debate)

 

THE SENATE

 

Yesterday

  • Measures Passed:
    • Federal Power Act:
      • Senate passed H.R. 1109, to amend section 203 of the Federal Power Act, after agreeing to the committee amendment in the nature of a substitute.
    • Fair RATES Act:
      • Senate passed S. 186, to amend the Federal Power Act to provide that any inaction by the Federal Energy Regulatory Commission that allows a rate change to go into effect shall be treated as an order by the Commission for purposes of rehearing and court review, after agreeing to the committee amendment.
    • Diana E. Murphy United States Courthouse:
      • Senate passed S. 3021, to designate the United States courthouse located at 300 South Fourth Street in Minneapolis, Minnesota, as the ``Diana E. Murphy United States Courthouse''.
    • J. Marvin Jones Federal Building and Mary Lou Robinson United States Courthouse:
      • Senate passed H.R. 5772, to designate the J. Marvin Jones Federal Building and Courthouse in Amarillo, Texas, as the ``J. Marvin Jones Federal Building and Mary Lou Robinson United States Courthouse''.
    • Dr. Benjy Frances Brooks Children's Hospital GME Support Reauthorization Act:
      • Senate passed H.R. 5385, to amend the Public Health Service Act to reauthorize the program of payments to children's hospitals that operate graduate medical education programs.
    • Congratulating the Honolulu Little League Baseball Team:
      • Senate agreed to S. Res. 621, congratulating the Honolulu Little League Baseball team of Hawaii on winning the 2018 Little League Baseball World Series Championship.
    • Protecting Religiously Affiliated Institutions Act:
      • Senate passed S. 994, to amend title 18, United States Code, to provide for the protection of community centers with religious affiliation, after agreeing to the committee amendment in the nature of a substitute.
    • Know the Lowest Price Act:
      • Committee on Finance was discharged from further consideration of S. 2553, to amend title XVIII of the Social Security Act to prohibit Medicare part D plans from restricting pharmacies from informing individuals regarding the prices for certain drugs and biologicals, and the bill was then passed, after agreeing to the following amendments proposed thereto:
        • McConnell (for Stabenow) Amendment No. 4009, relating to a prohibition on limiting certain information on drug prices.
        • McConnell (for Stabenow) Amendment No. 4010, to amend the title.
  • Roisman Nomination--Agreement:
    • Senate resumed consideration of the nomination of Elad L. Roisman, of Maine, to be a Member of the Securities and Exchange Commission.
  • During consideration of this nomination today, Senate also took the following action:
    • By 83 yeas to 14 nays (Vote No. 201), Senate agreed to the motion to close further debate on the nomination.
    • A unanimous-consent agreement was reached providing for further consideration of the nomination at approximately 12 noon, on Wednesday, September 5, 2018, and that notwithstanding Rule XXII, Senate vote on confirmation of the nomination.

 

Today

  • The Senate stands adjourned until 12:00 Noon on Wednesday, September 5, 2018.
  • Following Leader remarks, the Senate will resume consideration of Executive Calendar #1061, Elad L. Roisman, of Maine, to be a Member of the Securities and Exchange Commission, with all post-cloture time expired. The Senate will then vote on confirmation of the Roisman nomination.
  • Following disposition of the nomination, we expect Jon Kyl to be sworn in as Senator from the State of Arizona.
  • Wednesday, September 5th at approx. 12:15pm – 1 roll call vote
    • 1. Confirmation of Executive Calendar #1061, Elad L. Roisman, of Maine, to be a Member of the Securities and Exchange Commission

 

Hearings Covered by W&J Today

 

Farm Bill Conference Committee

Senate Select Intelligence Committee
Foreign Influence on Social Media

House Energy and Commerce
Opportunities to Improve Health Care

House Financial Services
Future of Coins and Banknotes

House Transportation and Infrastructure
Innovation in Surface Transportation

House Energy and Commerce
Twitter Algorithms/Content Monitoring

 

Notable Legislation Introduced

 

Financial Services

H.R.6701 — 115th Congress (2017-2018)
To require the Secretary of Housing and Urban Development to improve services for survivors of domestic violence, dating violence, sexual assault, or stalking.
Sponsor: Rep. Poe, Ted [R-TX-2] (Introduced 09/04/2018) Cosponsors: (1)
Committees: House - Financial Services
Latest Action: House - 09/04/2018 Referred to the House Committee on Financial Services.

 

Health

H.R.6698 — 115th Congress (2017-2018)
To support States in their work to end preventable morbidity and mortality in maternity care by using evidence-based quality improvement to protect the health of mothers during pregnancy, childbirth, and in the postpartum period and to reduce neonatal and infant mortality, to eliminate racial disparities in maternal health outcomes, and for other purposes.
Sponsor: Rep. Adams, Alma S. [D-NC-12] (Introduced 09/04/2018) Cosponsors: (1)
Committees: House - Energy and Commerce
Latest Action: House - 09/04/2018 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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