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...

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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...

    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...

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The House will consider H.R. 264 – Financial Services and General Government Appropriations Act, 2019 and complete consideration of H.Res. 6 – A resolution providing for the House Rules of the 116th Congress. Following leader remarks, the Senate will resume consideration of the motion to proceed to S.1, Strengthening America's Security in the Middle East Act of 2019.

 

THE HOUSE

Yesterday

  • Suspensions: The House agreed to suspend the rules and pass the following measures:
    • Medicaid Extenders Act of 2019:
      • H.R. 259, amended, to extend the Medicaid Money Follows the Person Rebalancing demonstration, to extend protection for Medicaid recipients of home and community-based services against spousal impoverishment;
    • Reauthorizing certain programs under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act with respect to public health security and all-hazards preparedness and response, to clarify the regulatory framework with respect to certain nonprescription drugs that are marketed without an approved drug application:
      • H.R. 269, to reauthorize certain programs under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act with respect to public health security and all-hazards preparedness and response, to clarify the regulatory framework with respect to certain nonprescription drugs that are marketed without an approved drug application, by a \2/3\ yea-and-nay vote of 401 yeas to 17 nays, Roll No. 13;
    • Chemical Facility Anti-Terrorism Standards Program Extension Act:
      • H.R. 251, to extend by two years the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, by a \2/3\ yea-and-nay vote of 414 yeas to 3 nays, Roll No. 14;
    • Incentivizing Fairness in Subcontracting Act:
      • H.R. 227, to amend the Small Business Act to specify what credit is given for certain subcontractors and to provide a dispute process for non-payment to subcontractors; and
    • Small Business Advocacy Improvements Act of 2019:
      • H.R. 128, to clarify the primary functions and duties of the Office of Advocacy of the Small Business Administration.
  • Suspension--Proceedings Postponed: The House debated the following measure under suspension of the rules. Further proceedings were postponed.
    • Clarity on Small Business Participation in Category Management Act of 2019:
      • H.R. 226, to amend the Small Business Act to include best in class designations in the annual report on small business goals prepared by the Administrator of the Small Business Administration.

Today

  • H.R. 264 – Financial Services and General Government Appropriations Act, 2019 (Rep. Quigley – Appropriations) (Subject to a Rule)
  • Complete Consideration of H.Res. 6 – A resolution providing for the House Rules of the 116th Congress (Rep. Hoyer)
  • Postponed Suspension (1 bill)
    • H.R. 226 – Clarity on Small Business Participation in Category Management (Rep. Velazquez – Small Business)

 

THE SENATE

Yesterday

  • Measures Considered:
    • Strengthening America's Security in the Middle East Act--Agreement:
      • Senate resumed consideration of the motion to proceed to consideration of S. 1, to make improvements to certain defense and security assistance provisions and to authorize the appropriation of funds to Israel, to reauthorize the United States-Jordan Defense Cooperation Act of 2015, and to halt the wholesale slaughter of the Syrian people.
  • During consideration of this measure today, Senate also took the following action:
    • By 56 yeas to 44 nays (Vote No. 1), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to close further debate on the motion to proceed to consideration of the bill.
    • Senator McConnell entered a motion to reconsider the vote by which cloture was not invoked on the motion to proceed to consideration of the bill.
    • A motion was entered to close further debate on the motion to proceed to consideration of the bill, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur on Thursday, January 10, 2019.
    • A unanimous-consent agreement was reached providing for further consideration of the motion to proceed to consideration of the bill at approximately 10 a.m., on Wednesday, January 9, 2019.
    • Swearing in of Senator Rick Scott:
      • The Chair laid before the Senate the certificate of election of Senator-elect Rick Scott, of the State of Florida, and the oath of office was then administered as required by the U.S. Constitution and prescribed by law.

Today

  • The Senate stands adjourned until 10:00am on Wednesday, January 9, 2019.
  • Following leader remarks, the Senate will resume consideration of the motion to proceed to S.1, Strengthening America's Security in the Middle East Act of 2019.
  • The Senate will recess from 12:15pm until 2:15pm to allow for the weekly caucus meetings.
  • Senator McConnell filed cloture on the motion to proceed to S.1. The cloture vote would occur one hour after the Senate convenes on Thursday, January 10, barring further accord. He could reconsider today’s failed cloture vote at any time.
  • The Senate began the Rule 14 process to place S.47, Natural Resources Management Act (Lands package), on the Calendar of business.

 

Hearings Covered by W&J Today

No hearings scheduled

 

Notable Legislation Introduced

 

Cybersecurity

H.R.334 — 116th Congress (2019-2020)
To increase cybersecurity education and job growth, and for other purposes.
Sponsor: Rep. Lieu, Ted [D-CA-33] (Introduced 01/08/2019) Cosponsors: (3)
Committees: House - Science, Space, and Technology, Ways and Means, Education and Labor, Oversight and Reform
Latest Action: House - 01/08/2019 Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Ways and Means, Education and Labor, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such...

H.R.328 — 116th Congress (2019-2020)
To require the Secretary of State to design and establish a Vulnerability Disclosure Process (VDP) to improve Department of State cybersecurity and a bug bounty program to identify and report vulnerabilities of internet-facing information technology of the Department of State, and for other purposes.
Sponsor: Rep. Lieu, Ted [D-CA-33] (Introduced 01/08/2019) Cosponsors: (1)
Committees: House - Foreign Affairs
Latest Action: House - 01/08/2019 Referred to the House Committee on Foreign Affairs.

 

Energy

H.R.330 — 116th Congress (2019-2020)
To reduce greenhouse gas emissions and protect the climate.
Sponsor: Rep. Lieu, Ted [D-CA-33] (Introduced 01/08/2019) Cosponsors: (4)
Committees: House - Energy and Commerce, Foreign Affairs
Latest Action: House - 01/08/2019 Referred to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, 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.310 — 116th Congress (2019-2020)
To amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf off the coast of California, Oregon, and Washington.
Sponsor: Rep. Huffman, Jared [D-CA-2] (Introduced 01/08/2019) Cosponsors: (17)
Committees: House - Natural Resources
Latest Action: House - 01/08/2019 Referred to the House Committee on Natural Resources.

H.R.291 — 116th Congress (2019-2020)
To amend the Outer Continental Shelf Lands Act to place a ten-year moratorium on oil and gas preleasing, leasing, and related activities on the Outer Continental Shelf in the North Atlantic, Mid-Atlantic, South Atlantic, and Straits of Florida planning areas and in the Eastern Gulf of Mexico.
Sponsor: Rep. Cunningham, Joe [D-SC-1] (Introduced 01/08/2019) Cosponsors: (1)
Committees: House - Natural Resources
Latest Action: House - 01/08/2019 Referred to the House Committee on Natural Resources.

H.R.287 — 116th Congress (2019-2020)
To prohibit oil and gas leasing on the outer Continental Shelf off the coast of New England.
Sponsor: Rep. Cicilline, David N. [D-RI-1] (Introduced 01/08/2019) Cosponsors: (19)
Committees: House - Natural Resources
Latest Action: House - 01/08/2019 Referred to the House Committee on Natural Resources.

H.R.286 — 116th Congress (2019-2020)
To amend the Outer Continental Shelf Lands Act to prohibit oil and gas preleasing, leasing, and related activities in certain areas of the Outer Continental Shelf off the coast of Florida, and for other purposes.
Sponsor: Rep. Castor, Kathy [D-FL-14] (Introduced 01/08/2019) Cosponsors: (3)
Committees: House - Natural Resources
Latest Action: House - 01/08/2019 Referred to the House Committee on Natural Resources.

H.R.279 — 116th Congress (2019-2020)
To permanently prohibit oil and gas leasing off the coast of the State of California, and for other purposes.
Sponsor: Rep. Carbajal, Salud O. [D-CA-24] (Introduced 01/08/2019) Cosponsors: (41)
Committees: House - Natural Resources
Latest Action: House - 01/08/2019 Referred to the House Committee on Natural Resources.

 

Financial Services

H.R.342 — 116th Congress (2019-2020)
To improve mapping under the National Flood Insurance Program, and for other purposes.
Sponsor: Rep. Posey, Bill [R-FL-8] (Introduced 01/08/2019) Cosponsors: (0)
Committees: House - Financial Services
Latest Action: House - 01/08/2019 Referred to the House Committee on Financial Services.

H.R.331 — 116th Congress (2019-2020)
To direct the Federal Trade Commission to review and potentially revise its standards for safeguarding customer information to ensure that such standards require certain consumer reporting agencies and service providers of such agencies to maintain sufficient safeguards against cyber attacks and related threats, to provide for additional authority to enforce such standards with respect to such agencies and providers, and for other purposes.
Sponsor: Rep. Lieu, Ted [D-CA-33] (Introduced 01/08/2019) Cosponsors: (0)
Committees: House - Financial Services, Energy and Commerce
Latest Action: House - 01/08/2019 Referred to the Committee on Financial Services, and in addition to the Committee on Energy and Commerce, 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.295 — 116th Congress (2019-2020)
To increase the role of the financial industry in combating human trafficking.
Sponsor: Rep. Fitzpatrick, Brian K. [R-PA-1] (Introduced 01/08/2019) Cosponsors: (3)
Committees: House - Foreign Affairs, Financial Services
Latest Action: House - 01/08/2019 Referred to the Committee on Foreign Affairs, and in addition to the Committee on 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 the committee...

H.R.281 — 116th Congress (2019-2020)
To amend the Federal Reserve Act to require Federal Reserve banks to interview at least one individual reflective of gender diversity and one individual reflective of racial or ethnic diversity when appointing Federal Reserve bank presidents, and for other purposes.
Sponsor: Rep. Beatty, Joyce [D-OH-3] (Introduced 01/08/2019) Cosponsors: (5)
Committees: House - Financial Services
Latest Action: House - 01/08/2019 Referred to the House Committee on Financial Services.

 

Health

H.R.352 — 116th Congress (2019-2020)
To remove penalties for health insurers under the Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010.
Sponsor: Rep. Yoho, Ted S. [R-FL-3] (Introduced 01/08/2019) Cosponsors: (4)
Committees: House - Energy and Commerce
Latest Action: House - 01/08/2019 Referred to the House Committee on Energy and Commerce.

H.R.345 — 116th Congress (2019-2020)
To support programs for mosquito-borne and other vector-borne disease surveillance and control.
Sponsor: Rep. Soto, Darren [D-FL-9] (Introduced 01/08/2019) Cosponsors: (0)
Committees: House - Energy and Commerce
Latest Action: House - 01/08/2019 Referred to the House Committee on Energy and Commerce.

H.R.321 — 116th Congress (2019-2020)
To amend the Public Health Service Act to create a National Neuromyelitis Optica Consortium to provide grants and coordinate research with respect to the causes of, and risk factors associated with, neuromyelitis optica, and for other purposes.
Sponsor: Rep. Lee, Barbara [D-CA-13] (Introduced 01/08/2019) Cosponsors: (0)
Committees: House - Energy and Commerce
Latest Action: House - 01/08/2019 Referred to the House Committee on Energy and Commerce.

H.R.296 — 116th Congress (2019-2020)
To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes.
Sponsor: Rep. Foxx, Virginia [R-NC-5] (Introduced 01/08/2019) Cosponsors: (57)
Committees: House - Energy and Commerce
Latest Action: House - 01/08/2019 Referred to the House Committee on Energy and Commerce.

H.R.275 — 116th Congress (2019-2020)
To amend part D of title XVIII of the Social Security Act to require the Secretary of Health and Human Services to negotiate covered part D drug prices on behalf of Medicare beneficiaries.
Sponsor: Rep. Welch, Peter [D-VT-At Large] (Introduced 01/08/2019) Cosponsors: (12)
Committees: House - Energy and Commerce, Ways and Means
Latest Action: House - 01/08/2019 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.269 — 116th Congress (2019-2020)
To reauthorize certain programs under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act with respect to public health security and all-hazards preparedness and response, to clarify the regulatory framework with respect to certain nonprescription drugs that are marketed without an approved drug application, and for other purposes.
Sponsor: Rep. Eshoo, Anna G. [D-CA-18] (Introduced 01/08/2019) Cosponsors: (7)
Committees: House - Energy and Commerce, Homeland Security, Veterans' Affairs, Judiciary
Latest Action: House - 01/08/2019 Motion to reconsider laid on the table Agreed to without objection.

 

Tax

H.R.302 — 116th Congress (2019-2020)
To amend the Internal Revenue Code of 1986 to provide equitable treatment for residents of Puerto Rico with respect to the refundable portion of the child tax credit and to provide the same treatment to families in Puerto Rico with one child or two children that is currently provided to island families with three or more children.
Sponsor: Rep. Gonzalez-Colon, Jenniffer [R-PR-At Large] (Introduced 01/08/2019) Cosponsors: (3)
Committees: House - Ways and Means
Latest Action: House - 01/08/2019 Referred to the House Committee on Ways and Means.

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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