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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  • April 19, 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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  • February 5, 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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The House will consider four bills under suspension of the rules as well as consider the conference report to accompany H.R. 5895 – Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019.

THE HOUSE

 

Yesterday

  • Suspensions: The House agreed to suspend the rules and pass the following measures:
    • Countering Weapons of Mass Destruction Act of 2018:
      • H.R. 6198, amended, to amend the Homeland Security Act of 2002 to establish the Countering Weapons of Mass Destruction Office;
    • Dog and Cat Meat Trade Prohibition Act of 2018:
      • H.R. 6720, to prohibit the slaughter of dogs and cats for human consumption;
    • Fighting Fraud to Protect Care for Seniors Act of 2018:
      • H.R. 6690, amended, to establish a smart card pilot program to combat fraud, waste, and abuse and to protect beneficiary identity under the Medicare program;
    • Empowering Seniors' Enrollment Decision Act of 2018:
      • H.R. 6662, amended, to amend title XVIII of the Social Security Act to extend the special election period under part C of the Medicare program for certain deemed individuals enrolled in a reasonable cost reimbursement contract to certain nondeemed individuals enrolled in such contract;
    • Agreed to amend the title so as to read:
      • ``To amend title XVIII of the Social Security Act to extend the special election period under part C of the Medicare program for certain deemed individuals enrolled in a reasonable cost reimbursement contract to any Medicare Advantage eligible individual enrolled in such a contract during the final year such contract is extended, and for other purposes.''.
    • Comprehensive Care for Seniors Act of 2018:
      • H.R. 6561, amended, to direct the Secretary of Health and Human Services to finalize certain proposed provisions relating to the Programs of All-Inclusive Care for the Elderly (PACE) under the Medicare and Medicaid programs;
    • Agreed to amend the title so as to read:
      • ``To direct the Secretary of Health and Human Services to issue a final regulation based on the proposed regulation relating to the Programs of All-Inclusive Care for the Elderly (PACE) under the Medicare and Medicaid programs.''.
    • Local Coverage Determination Clarification Act:
      • H.R. 3635, amended, to amend title XVIII of the Social Security Act in order to improve the process whereby medicare administrative contractors issue local coverage determinations under the Medicare program;
    • State Insurance Regulation Preservation Act:
      • H.R. 5059, amended, to amend the Home Owners' Loan Act with respect to the registration and supervision of insurance savings and loan holding companies;
    • Financial Crimes Enforcement Network Improvement Act of 2018:
      • H.R. 6411, to amend the duties of the Financial Crimes Enforcement Network (FinCEN) to ensure FinCEN works with Tribal law enforcement agencies, protects against all forms of terrorism, and focuses on virtual currencies;
    • Little Shell Tribe of Chippewa Indians Restoration Act of 2018:
      • H.R. 3764, amended, to extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana;
    • Walnut Grove Land Exchange Act:
      • H.R. 5923, amended, to direct the Secretary of Agriculture to exchange certain public lands in Ouachita National Forest, by a \2/3\ yea-and-nay vote of 379 yeas to 3 nays, Roll No. 394;
    • Rural Broadband Permitting Efficiency Act of 2018:
      • H.R. 4824, amended, to allow certain State permitting authority to encourage expansion of broadband service to rural communities;
    • Agreed to amend the title so as to read:
      • ``To allow certain State and tribal permitting authority to encourage expansion of broadband service to rural and tribal communities, and for other purposes.''.
    • Modernizing the Pittman-Robertson Fund for Tomorrow's Needs Act:
      • H.R. 2591, amended, to amend the Pittman-Robertson Wildlife Restoration Act to modernize the funding of wildlife conservation;
    • Stigler Act Amendments of 2018:
      • H.R. 2606, amended, to amend the Act of August 4, 1947 (commonly known as the Stigler Act), with respect to restrictions applicable to Indians of the Five Civilized Tribes of Oklahoma;
    • 9/11 Memorial Act:
      • H.R. 6287, amended, to provide competitive grants for the operation, security, and maintenance of certain memorials to victims of the terrorist attacks of September 11, 2001;
    • Every Kid Outdoors Act:
      • H.R. 3186, amended, to establish an Every Kid Outdoors program, by a \2/3\ yea-and-nay vote of 383 yeas to 2 nays, Roll No. 395;
    • Reconstruction Era National Historical Park Act:
      • H.R. 5532, amended, to redesignate the Reconstruction Era National Monument as the Reconstruction Era National Historical Park;
    • Bureau of Reclamation Transparency Act:
      • H.R. 660, to require the Secretary of the Interior to submit to Congress a report on the efforts of the Bureau of Reclamation to manage its infrastructure assets;
    • Authorizing early repayment of obligations to the Bureau of Reclamation within the Northport Irrigation District in the State of Nebraska:
      • H.R. 4689, to authorize early repayment of obligations to the Bureau of Reclamation within the Northport Irrigation District in the State of Nebraska, by a \2/3\ yea-and-nay vote of 378 yeas to 1 nay, Roll No. 396;
    • United States-Israel Security Assistance Authorization Act of 2018:
      • S. 2497, amended, to amend the Foreign Assistance Act of 1961 and the Arms Export Control Act to make improvements to certain defense and security assistance provisions and to authorize the appropriations of funds to Israel;
    • Urging China, South Korea, Vietnam, Thailand, the Philippines, Indonesia, Cambodia, Laos, India, and all nations to outlaw the dog and cat meat trade and to enforce existing laws against the trade:
      • H. Res. 401, amended, urging China, South Korea, Vietnam, Thailand, the Philippines, Indonesia, Cambodia, Laos, India, and all nations to outlaw the dog and cat meat trade and to enforce existing laws against the trade;
    • Agreed to amend the title so as to read:
      • ``Urging all nations to outlaw the dog and cat meat trade and to enforce existing laws against such trade.''.
    • Rescuing Animals With Rewards Act of 2018:
      • H.R. 6197, to amend the State Department Basic Authorities Act of 1956 to authorize rewards for thwarting wildlife trafficking linked to transnational organized crime;
    • Repealing section 2141 of the Revised Statutes to remove the prohibition on certain alcohol manufacturing on Indian lands:
      • H.R. 5317, amended, to repeal section 2141 of the Revised Statutes to remove the prohibition on certain alcohol manufacturing on Indian lands; and
    • Contra Costa Canal Transfer Act:
      • H.R. 6040, amended, to authorize the Secretary of the Interior to convey certain land and facilities of the Central Valley Project.
    • Permission to File Conference Reports:
      • Agreed by unanimous consent that the managers on the part of the House have until midnight on Friday, September 14, 2018, to file conference reports.
  • Suspension--Proceedings Postponed: The House debated the following measures under suspension of the rules. Further proceedings were postponed.
    • Special Envoy to Monitor and Combat Anti-Semitism Act. H.R. 1911, amended, to amend the State Department Basic Authorities Act of 1956 to monitor and combat anti-Semitism globally.

 

Today

  • On Thursday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First votes expected: 1:00 p.m. – 2:00 p.m. Last votes expected: 4:00 p.m. – 5:00 p.m.
  • Postponed Suspension Vote:
    • 1) H.R. 1911 – Special Envoy to Monitor and Combat Anti-Semitism Act of 2018, as amended (Sponsored by Rep. Chris Smith / Foreign Affairs Committee)
  • Legislation Considered Under Suspension of the Rules:
    • 1) House Amendment to S. 3021 – America’s Water Infrastructure Act of 2018 (Sponsored by Rep. Bill Shuster / Transportation and Infrastructure Committee)
    • 2) H.R. 6227 – National Quantum Initiative Act, as amended (Sponsored by Rep. Lamar Smith / Science, Space, and Technology Committee)
    • 3) Concurring in the Senate Amendment to H.R. 589 – Department of Energy Research and Innovation Act (Sponsored by Rep. Lamar Smith / Science, Space, and Technology Committee)
    • 4) S. 97 – Nuclear Energy Innovation Capabilities Act of 2017 (Sponsored by Sen. Mike Crapo / Science, Space, and Technology Committee)
  • Conference Report to Accompany H.R. 5895 – Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (Closed Rule, One Hour of Debate) (Sponsored by Rep. Mike Simpson / Appropriations Committee)

 

THE SENATE

 

Yesterday

  • Measures Passed:
    • Enrollment Correction:
      • Senate agreed to S. Con. Res. 46, directing the Clerk of the House of Representatives to make a correction in the enrollment of H.R. 5895.
  • Chinese-American World War II Veteran Congressional Gold Medal Act:
    • Committee on Banking, Housing, and Urban Affairs was discharged from further consideration of S. 1050, to award a Congressional Gold Medal, collectively, to the Chinese-American Veterans of World War II, in recognition of their dedicated service during World War II, and the bill was then passed, after agreeing to the following amendment proposed thereto:
      • Flake (for Duckworth) Amendment No. 4015, in the nature of a substitute.
  • National Polycystic Kidney Disease Awareness Day:
    • Committee on the Judiciary was discharged from further consideration of S. Res. 576, designating September 4, 2018, as ``National Polycystic Kidney Disease Awareness Day'', and raising awareness and understanding of polycystic kidney disease, and the resolution was then agreed to.
  • Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act:
    • Senate passed S. 3029, to revise and extend the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (PREEMIE Act), after agreeing to the committee amendment in the nature of a substitute, and the following amendment proposed thereto:
      • Flake (for Alexander) Amendment No. 4016, to modify provisions relating to the interagency working group.
  • National Democracy Month:
    • Committee on the Judiciary was discharged from further consideration of S. Res. 525, designating September 2018 as National Democracy Month as a time to reflect on the contributions of the system of government of the United States to a more free and stable world, and the resolution was then agreed to.
  • National Spinal Cord Injury Awareness Month: Senate agreed to S. Res. 627, designating September 2018 as ``National Spinal Cord Injury Awareness Month''.
  • Authorizing Document Production by the SSCI: Senate agreed to S. Res. 628, to authorize document production by the Select Committee on Intelligence in United States v. Paul J. Manafort, Jr. (D.D.C.).
  • Conference Reports:
    • Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act:
      • By 92 yeas to 5 nays (Vote No. 207), Senate agreed to the conference report to accompany H.R. 5895, making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2019.
  • During consideration of this measure today, Senate also took the following action:
    • A motion was entered to close further debate on the conference report to accompany the bill, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur upon disposition of the nomination of Charles P. Rettig, of California, to be Commissioner of Internal Revenue, Department of the Treasury.
    • A unanimous-consent agreement was reached providing that the motion to invoke cloture on the conference report to accompany the bill, be withdrawn.
    • Support for Patients and Communities Act and Patient Right to Know Drug Prices Act--Agreement:
      • A unanimous-consent agreement was reached providing that notwithstanding the orders of Thursday, September 6, 2018, that on Monday, September 17, 2018, Senate begin consideration of H.R. 6, to provide for opioid use disorder prevention, recovery, and treatment, and that the debate time on H.R. 6, and on S. 2554, to ensure that health insurance issuers and group health plans do not prohibit pharmacy providers from providing certain information to enrollees, run concurrently, be equally divided in the usual form, and be considered expired at 5:30 p.m., and that Senate proceed to votes on or in relation to S. 2554, and H.R. 6, with all other provisions of the previous orders remaining in effect.
  • Pro Forma Sessions--Agreement:
    • A unanimous-consent agreement was reached providing that the Senate adjourn, to then convene for pro forma session only, with no business being conducted on Thursday, September 13, 2018 at 9:45 a.m.; and that when the Senate adjourns on Thursday, September 13, 2018, it next convene at 2 p.m., on Monday, September 17, 2018.
  • Nominations Confirmed: Senate confirmed the following nominations:
    • By 64 yeas 33 nays (Vote No. EX. 206), Charles P. Rettig, of California, to be Commissioner of Internal Revenue for the term expiring November 12, 2022.
  • During consideration of this nomination today, Senate also took the following action:
    • By 63 yeas to 34 nays (Vote No. EX. 205), Senate agreed to the motion to close further debate on the nomination.
    • Cherith Norman Chalet, of New Jersey, to be Representative of the United States of America to the United Nations for U.N. Management and Reform, with the rank of Ambassador.
    • Cherith Norman Chalet, of New Jersey, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure of service as Representative of the United States of America to the United Nations for U.N. Management and Reform.

 

Today

  • The Senate will meet in pro forma session.

 

Hearings Covered by W&J Today

 

SEC
Investor Advisory Committee

House Financial Services
Markup

House Energy and Commerce
Health Care/SPR Bill Markup

House Ways and Means
Tax Reform 2.0 Markup

Senate Agriculture
U.S. Agricultural Trade

Senate Commerce
Emerging Transportation Technology

House Transportation and Infrastructure
Positive Train Control Implementation

Senate Homeland Security and Governmental Affairs
Evolving Threats to the Homeland

House Foreign Affairs
U.S. Sanctions Policy Oversight

Senate Energy and Natural Resources
U.S. Natural Gas and European Energy Needs

House Small Business
Opioid Epidemic Affecting Small Businesses

House Energy and Commerce
Expanding Innovative, Value-Based Care in Medicare

House Armed Services
Army Futures Command

House Veterans Affairs
VA Electronic Health Record Modernization

 

Notable Legislation Introduced

 

Cybersecurity

S.3437 — 115th Congress (2017-2018)
A bill to establish a Federal rotational cyber workforce program for the Federal cyber workforce.
Sponsor: Sen. Peters, Gary C. [D-MI] (Introduced 09/12/2018) Cosponsors: (1)
Committees: Senate - Homeland Security and Governmental Affairs
Latest Action: Senate - 09/12/2018 Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

 

Energy

H.R.6771 — 115th Congress (2017-2018)
Domestic Offshore Energy Reinvestment Act of 2018
Sponsor: Rep. Graves, Garret [R-LA-6] (Introduced 09/12/2018) Cosponsors: (8)
Committees: House - Natural Resources
Latest Action: House - 09/12/2018 Referred to the House Committee on Natural Resources.

 

Financial Services

H.R.6792 — 115th Congress (2017-2018)
To authorize the Secretary of Housing and Urban Development to make grants to States for use to eliminate blight and assist in neighborhood revitalization, and for other purposes.
Sponsor: Rep. Ryan, Tim [D-OH-13] (Introduced 09/12/2018) Cosponsors: (1)
Committees: House - Financial Services
Latest Action: House - 09/12/2018 Referred to the House Committee on Financial Services.

H.R.6789 — 115th Congress (2017-2018)
To require certain Federal financial regulators to carry out an independent study of their regulated entities' processes for allowing third parties to access consumer-authorized financial data.
Sponsor: Rep. Meeks, Gregory W. [D-NY-5] (Introduced 09/12/2018) Cosponsors: (0)
Committees: House - Financial Services
Latest Action: House - 09/12/2018 Referred to the House Committee on Financial Services.

S.3431 — 115th Congress (2017-2018)
A bill to impose sanctions with respect to certain militias in Iraq that are backed by the Government of Iran.
Sponsor: Sen. Perdue, David [R-GA] (Introduced 09/12/2018) Cosponsors: (2)
Committees: Senate - Banking, Housing, and Urban Affairs
Latest Action: Senate - 09/12/2018 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

 

Health

H.R.6781 — 115th Congress (2017-2018)
To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program of certain mental health telehealth services.
Sponsor: Rep. DelBene, Suzan K. [D-WA-1] (Introduced 09/12/2018) Cosponsors: (1)
Committees: House - Energy and Commerce, Ways and Means
Latest Action: House - 09/12/2018 Referred to the Committee on Energy and Commerce, 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 committee...

H.R.6779 — 115th Congress (2017-2018)
To amend the Controlled Substances Act to require the Drug Enforcement Administration to report certain information on distribution of opioids, and for other purposes.
Sponsor: Rep. Buck, Ken [R-CO-4] (Introduced 09/12/2018) Cosponsors: (0)
Committees: House - Energy and Commerce, Judiciary
Latest Action: House - 09/12/2018 Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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...

H.R.6778 — 115th Congress (2017-2018)
To require the Secretary of Health and Human Services to provide guidance to States regarding Federal reimbursement for furnishing services and treatment for substance use disorders under Medicaid using telehealth services.
Sponsor: Rep. Lujan, Ben Ray [D-NM-3] (Introduced 09/12/2018) Cosponsors: (0)
Committees: House - Energy and Commerce
Latest Action: House - 09/12/2018 Referred to the House Committee on Energy and Commerce.

S.3434 — 115th Congress (2017-2018)
A bill to amend the Public Health Service Act to provide for grants to enable States to carry out activities to reduce administrative costs and burdens in health care.
Sponsor: Sen. Smith, Tina [D-MN] (Introduced 09/12/2018) Cosponsors: (1)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: Senate - 09/12/2018 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

S.3429 — 115th Congress (2017-2018)
A bill to require the Secretary of Health and Human Services to issue guidance to States to improve care for infants with neonatal abstinence syndrome and their mothers and fathers or guardians under Medicaid.
Sponsor: Sen. Menendez, Robert [D-NJ] (Introduced 09/12/2018) Cosponsors: (3)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: Senate - 09/12/2018 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

S.3428 — 115th Congress (2017-2018)
A bill to amend the Controlled Substances Act to require warning labels for prescription opioids, and for other purposes.
Sponsor: Sen. Markey, Edward J. [D-MA] (Introduced 09/12/2018) Cosponsors: (1)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: Senate - 09/12/2018 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

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
  • April 19, 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
  • February 5, 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

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