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

The Senate will resume consideration of the House message to accompany H.R.302, the long-term FAA extension.

THE HOUSE

 

Friday

  • Amending title 10, United States Code, to modify the requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life, and to amend title XVIII of the Social Security Act to provide for coverage of certain DNA specimen provenance assay tests under the Medicare program:
    • The House agreed to discharge from committee and pass H.R. 6886, to amend title 10, United States Code, to modify the requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life, and to amend title XVIII of the Social Security Act to provide for coverage of certain DNA specimen provenance assay tests under the Medicare program, as amended by Representative Sam Johnson (TX).
  • Protecting Family and Small Business Tax Cuts Act of 2018:
    • The House passed H.R. 6760, to amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses, by a yea-and-nay vote of 220 yeas to 191 nays, Roll No. 414.
  • Rejected the Larson (CT) motion to recommit the bill to the Committee on Ways and Means with instructions to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 184 yeas to 226 nays, Roll No. 413.
  • Pursuant to the Rule, the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, modified by the amendment printed in part C of H. Rept. 115–985, shall be considered as adopted.
  • H. Res. 1084, the rule providing for consideration of the bills (H.R. 6756), (H.R. 6757), and (H.R. 6760) was agreed to yesterday, September 27th.
  • Suspensions: The House agreed to suspend the rules and pass the following measure:
    • Providing for the concurrence by the House in the Senate amendment to H.R. 6, with an amendment:
      • H. Res. 1099, providing for the concurrence by the House in the Senate amendment to H.R. 6, with an amendment, by a \2/3\ yea-and-nay vote of 393 yeas to 8 nays, Roll No. 415.
    • Committee on Transportation and Infrastructure--Communication:
      • Read a letter from Chairman Shuster wherein he transmitted copies of nineteen resolutions that include 11 alteration projects, five lease prospectuses, and two construction projects included in the General Services Administration's Capital Investment and Leasing Programs.
    • The resolutions were adopted by the Committee on Transportation and Infrastructure on September 27, 2018.
    • Renaming the Stop Trading on Congressional Knowledge Act of 2012 in honor of Representative Louise McIntosh Slaughter:
      • The House agreed to discharge from committee and pass H.R. 6870, to rename the Stop Trading on Congressional Knowledge Act of 2012 in honor of Representative Louise McIntosh Slaughter.
    • Designating the facility of the United States Postal Service located at 9609 South University Boulevard in Highlands Ranch, Colorado, as the ``Deputy Sheriff Zackari Spurlock Parrish, III, Post Office Building'':
      • The House agreed to discharge from committee and pass H.R. 5791, to designate the facility of the United States Postal Service located at 9609 South University Boulevard in Highlands Ranch, Colorado, as the ``Deputy Sheriff Zackari Spurlock Parrish, III, Post Office Building''.
    • Designating the facility of the United States Postal Service located at 90 North 4th Avenue in Brighton, Colorado, as the ``Deputy Sheriff Heath McDonald Gumm Post Office'':
      • The House agreed to discharge from committee and pass H.R. 5792, to designate the facility of the United States Postal Service located at 90 North 4th Avenue in Brighton, Colorado, as the ``Deputy Sheriff Heath McDonald Gumm Post Office'', as amended by Representative Comer.
    • Agreed to amend the title so as to read:
      • ``To designate the facility of the United States Postal Service located at 90 North 4th Avenue in Brighton, Colorado, as the 'Detective Heath McDonald Gumm Post Office'.''.
    • Missing Children's Assistance Act of 2018:
      • The House agreed to take from the Speaker's table and pass S. 3354, to amend the Missing Children's Assistance Act.
    • Reauthorizing the Family Violence Prevention and Services Act:
      • The House agreed to discharge from committee and pass H.R. 6014, to reauthorize the Family Violence Prevention and Services Act.
    • Reauthorizing the Congressional Award Act:
      • The House agreed to take from the Speaker's table and pass S. 3509, to reauthorize the Congressional Award Act.
    • Juvenile Justice Reform Act of 2018:
      • The House agreed to discharge from committee and pass H.R. 6964, to reauthorize and improve the Juvenile Justice and Delinquency Prevention Act of 1974.
    • Global Food Security Reauthorization Act:
      • The House agreed to take from the Speaker's table and pass S. 2269, to reauthorize the Global Food Security Act of 2016 for 5 additional years.
    • Amending title 18, United States Code, to provide for assistance for victims of child pornography:
      • The House agreed to discharge from committee and pass S. 2152, to amend title 18, United States Code, to provide for assistance for victims of child pornography, as amended by Representative Marino.
    • Abolish Human Trafficking Act:
      • The House agreed to discharge from committee and pass S. 1311, to provide assistance in abolishing human trafficking in the United States, as amended by Representative Marino.
    • Trafficking Victims Protection Act:
      • The House agreed to discharge from committee and pass S. 1312, to prioritize the fight against human trafficking in the United States, as amended by Representative Marino.
    • Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act:
      • The House agreed to discharge from committee and pass H.R. 68, to amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the Juvenile Accountability Block Grant program, as amended by Representative Marino.
    • Providing for the continued performance of the functions of the United States Parole Commission:
      • The House agreed to discharge from committee and pass H.R. 6896, to provide for the continued performance of the functions of the United States Parole Commission.

 

Today

  • The House is not in session.

 

THE SENATE

 

Friday

  • Measures Passed:
    • Short Term FAA Extension: Senate passed H.R. 6897, to extend the authorizations of Federal aviation programs, to extend the funding and expenditure authority of the Airport and Airway Trust Fund.
    • PROGRESS for Indian Tribes Act:
      • Senate passed S. 2515, to amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes.
    • National Workforce Development Month:
      • Committee on the Judiciary was discharged from further consideration of S. Res. 632, designating September 2018 as ``National Workforce Development Month'', and the resolution was then agreed to.
    • Sickle Cell Disease Awareness Month:
      • Senate agreed to S. Res. 661, expressing support for the designation of September 2018 as ``Sickle Cell Disease Awareness Month'' in order to educate communities across the United States about sickle cell disease and the need for research, early detection methods, effective treatments, and preventative care programs with respect to sickle cell disease, complications from sickle cell disease, and conditions related to sickle cell disease.
    • Campus Fire Safety Month:
      • Senate agreed to S. Res. 662, designating September 2018 as ``Campus Fire Safety Month''.
  • House Messages:
    • Sports Medicine Licensure Clarity Act--Agreement:
      • Senate began consideration of the amendment of the House of Representatives to the amendment of the Senate to H.R. 302, to provide protections for certain sports medicine professionals who provide certain medical services in a secondary State, after agreeing to the motion to proceed to consideration of the House message to accompany the bill, and taking action on the following motions and amendments proposed thereto:
      • Pending:
      • McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill.
      • McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill, with McConnell Amendment No. 4026 (to the motion to concur in the amendment of the House to the amendment of the Senate), to change the enactment date.
      • McConnell Amendment No. 4027 (to Amendment No. 4026), of a perfecting nature.
      • McConnell motion to refer the House message to accompany the bill to the Committee on Commerce, Science, and Transportation, with instructions, McConnell Amendment No. 4028, to change the enactment date.
      • McConnell Amendment No. 4029 (the instructions (Amendment No. 4028) of the motion to refer), of a perfecting nature.
      • McConnell Amendment No. 4030 (to Amendment No. 4029), of a perfecting nature.
      • A motion was entered to close further debate on McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, and pursuant to the unanimous-consent agreement of Friday, September 28, 2018, a vote on cloture will occur at 5:30 p.m., on Monday, October 1, 2018.
      • A unanimous-consent agreement was reached providing that notwithstanding Rule XXII, at 5 p.m., on Monday, October 1, 2018, Senate resume consideration of the House message to accompany the bill, as if in Legislative Session; that at 5:30 p.m., Senate vote on the motion to invoke cloture on McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill; and that if cloture is invoked, Senate remain in Executive Session and the post-cloture time continue to run as otherwise under the Rule, and that upon the use or yielding back of post-cloture time, Senate vote, as if in Legislative Session, on McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill.
      • Support for Patients and Communities Act--Agreement:
        • A unanimous-consent-time agreement was reached providing that at a time to be determined by the Majority Leader, in consultation with the Democratic Leader, Senate begin consideration of the House Message to accompany H.R. 6, to provide for opioid use disorder prevention, recovery, and treatment; that the Majority Leader, or his designee, be recognized to make a motion to concur, that there be up to four hours of debate on the motion, equally divided in the usual form, and that following the use or yielding back of that time, Senate vote on the motion to concur, with no intervening action or debate.
      • Kavanaugh Nomination:
        • Senate began consideration of the nomination of Brett M. Kavanaugh, of Maryland, to be an Associate Justice of the Supreme Court of the United States.
  • Prior to the consideration of this nomination, Senate took the following action:
    • Senate agreed to the motion to proceed to Executive Session to consider the nomination.

 

Today

  • The Senate stands in recess until 3:00pm on Monday, October 1, 2018.
  • Prior to recessing, the Senate passed a 1 week FAA extension, filed cloture on the long term FAA bill (H.R.302) with the motion and amendment trees filled, reached an agreement on the Opioid bill (H.R.6), and proceeded to the Kavanaugh nomination.
  • Following Leader remarks on Monday, the Senate will resume Executive Session. At 5:00pm on Monday, the Senate will resume consideration of the House message to accompany H.R.302, the long-term FAA extension.
  • At 5:30pm on Monday, there will be a roll call vote on the motion to invoke cloture on the motion to concur with respect to H.R.302, the long-term FAA extension.
  • Opioids:
    • At a time to be determined by the Majority Leader, in consultation with the Democratic Leader, the Senate proceed to the consideration of the House message to accompany H.R. 6, the opioids bill. The Majority Leader, or his designee, will be recognized to make a motion to concur, with up to 4 hours of debate on the motion, equally divided in the usual form. Following the use or yielding back of that time, the Senate vote on the motion to concur with no further intervening action or debate.
  • 5:30pm Monday—1 roll call vote
    • 1. Cloture on the motion to concur in the House amendment to the Senate amendment to H.R.302, long-term FAA extension

 

Hearings Covered by W&J Today

 

No hearings scheduled

 

Notable Legislation Introduced

 

Financial Services

H.R.7006 — 115th Congress (2017-2018)
To address the concept of "Too Big To Fail" with respect to certain financial entities.
Sponsor: Rep. Sherman, Brad [D-CA-30] (Introduced 09/28/2018) Cosponsors: (0)
Committees: House - Financial Services
Latest Action: House - 09/28/2018 Referred to the House Committee on Financial Services.

H.R.6974 — 115th Congress (2017-2018)
To provide a safe harbor from licensing and registration for certain non-controlling blockchain developers and providers of blockchain services.
Sponsor: Rep. Emmer, Tom [R-MN-6] (Introduced 09/28/2018) Cosponsors: (0)
Committees: House - Financial Services, Judiciary
Latest Action: House - 09/28/2018 Referred to the Committee on Financial Services, 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.6972 — 115th Congress (2017-2018)
To require the Consumer Financial Protection Bureau to meet its statutory purpose, and for other purposes.
Sponsor: Rep. Waters, Maxine [D-CA-43] (Introduced 09/28/2018) Cosponsors: (5)
Committees: House - Financial Services, Education and the Workforce
Latest Action: House - 09/28/2018 Referred to the Committee on Financial Services, and in addition to the Committee on Education and the Workforce, 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...

 

Health

H.R.7003 — 115th Congress (2017-2018)
To amend the Public Health Service Act to establish a health insurance Federal Invisible Risk Sharing Program.
Sponsor: Rep. Schweikert, David [R-AZ-6] (Introduced 09/28/2018) Cosponsors: (3)
Committees: House - Energy and Commerce
Latest Action: House - 09/28/2018 Referred to the House Committee on Energy and Commerce.

H.R.7001 — 115th Congress (2017-2018)
To amend title XVIII of the Social Security Act to provide for a combined Medicare part B and D drug out-of-pocket costs limitation.
Sponsor: Rep. O'Halleran, Tom [D-AZ-1] (Introduced 09/28/2018) Cosponsors: (0)
Committees: House - Energy and Commerce, Ways and Means
Latest Action: House - 09/28/2018 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...

S.3531 — 115th Congress (2017-2018)
A bill to amend titles XVIII and XIX of the Social Security Act to provide coverage under Medicare and Medicaid of services furnished by freestanding emergency centers.
Sponsor: Sen. Cassidy, Bill [R-LA] (Introduced 09/28/2018) Cosponsors: (0)
Committees: Senate - Finance
Latest Action: Senate - 09/28/2018 Read twice and referred to the Committee on Finance.

 

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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