Archives: Congressional Action

Subscribe to Congressional Action RSS Feed

Analysis of the Justice in Policing Act of 2020

On June 8, 2020, the House of Representatives introduced the Justice in Policing Act of 2020 (hereinafter “the Act” or “the bill”) to “hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and policies.”  We anticipate a House committee markup the week of June 15 and a … Continue Reading

Congress Increases Flexibility for Forgiveness under the Paycheck Protection Program, yet Uncertainty about Implementation Remains

The Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”) was signed into law on June 5, revising a number of key requirements for loan forgiveness under the Paycheck Protection Program (“PPP”).  The Program has provided support to a number of organizations negatively impacted by COVID-19 in the form of loans that can be … Continue Reading

Congressional Pandemic Oversight Bodies Begin to Take Shape

As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional pandemic-related oversight. In recent weeks, … Continue Reading

House Leaders Push Ahead with Proposal for Virtual Oversight

Last month, we highlighted congressional efforts to ensure that Congress is able to continue conducting the business of the American people during the ongoing COVID-19 crisis. After weeks of halting progress, those efforts took an important step forward this morning with the release of a proposed resolution that would temporarily modify the House rules to enable … Continue Reading

Past as Prologue: The Wave of Investigations to Follow the Pandemic Recovery and Actions that Companies Can Take Now to Prepare

On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority contained in the … Continue Reading

Federal Reserve Announces Main Street Lending Program and Other Facilities to Provide Credit to Businesses, States, and Municipalities Impacted by COVID-19

Today, the Board of Governors of the Federal Reserve announced the creation of four new liquidity facilities and the expansion of three previously announced liquidity facilities to provide credit to borrowers impacted by the COVID-19 pandemic.  Whereas the previously announced programs primarily targeted certain financial markets and their participants (such as the markets for commercial … Continue Reading

Congressional Paper Hearings: The Future or The Past?

Congressional leaders are actively exploring ways to continue the work of Congress as the COVID-19 crisis continues to unfold.  Currently, Congress is not able to have live, in-person hearings, which are the primary tool for conducting oversight of both the private sector and the executive branch.  With existing oversight investigations still underway—and the recent establishment … Continue Reading

CARES Act Includes New Route to Recovery for Contractors Affected By COVID-19

Contractors sidelined by facility closures and stay-at-home orders in the wake of the COVID-19 pandemic may now have a new pathway to recovering idle labor costs.  The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act includes a provision, Section 3610, that provides a new form of relief for contractors facing delays and additional costs as … Continue Reading

CARES Act Will Support Internet Connectivity for Remote Education, Healthcare, and Work

As millions of American workers, students, and patients stay home to help combat the novel coronavirus (COVID-19), the $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act includes funding for the transition to remote life among its many relief provisions. With specific funding for broadband connections, distance learning, telehealth, and telework, the CARES Act … Continue Reading

A Coronavirus Contractor’s Guide to the PREP Act

We’ve covered several topics already this week on the U.S. Government’s varied responses to the COVID-19 outbreak and how these responses will affect contractors that do business with the government, including BARDA’s EZ-BAA for COVID-19 diagnostics, mission-essential services during the outbreak, and how excusable delay provisions may help federal contractors affected by the outbreak.  But … Continue Reading

US-China Economic Relationship

Tim Stratford delivered this testimony before the the U.S. House Committee on Ways and Means February 26, 2020: Chairman Neal, Ranking Member Brady, and distinguished members of this committee, thank you for the opportunity to share my assessment of the U.S.-China economic relationship following conclusion of the Phase One trade agreement between our two countries. … Continue Reading

The Supply Chain Security Constellation: Mapping Recent U.S. Government Actions

The new year has already brought significant news for companies that do business with the U.S. government, and for those that trade in materials and technology that represent priorities for national security stakeholders.  Our colleagues in the firm’s CFIUS practice thoughtfully analyzed the regulations implementing the Foreign Investment Risk Review Modernization Act, and other experts … Continue Reading

Congress Likely to Pursue Legislation in 2020 to Address the Constitutionality of Patent Trial and Appeal Board Judges

The America Invents Act (“AIA”) may be back on Congress’s agenda this year.  Enacted in 2011, the AIA established the Patent Trial and Appeal Board (“PTAB”) to adjudicate patentability disputes.  The Board is composed of administrative patent judges (APJs) who are appointed by the U.S. Secretary of Commerce and removable by either the Secretary or … Continue Reading

Multiple Bipartisan 5G Wireless Bills Advance in Congress

5G wireless technology has captured the attention of Congress.  At least 30 5G-related bills have been introduced in the House and Senate this Congress, signaling widespread interest by lawmakers in 5G. Several of these bills, addressing a range of issues including national security concerns, the promotion of U.S. leadership in international 5G standards-setting bodies, and … Continue Reading

Momentum In Drug Pricing Reform: House Passes New Legislation on the Heels of Presidential Candidates’ Drug Pricing Proposals

Late last week, House Democrats passed Speaker Nancy Pelosi’s Elijah E. Cummings Lower Drug Costs Now Act. This bill would, among other things, permit the Department of Health and Human Services (“HHS”) to negotiate lower prices for 250 of the costliest drugs on behalf of Medicare beneficiaries and other consumers. Although this particular legislation appears … Continue Reading

Bipartisan, Bicameral IDEA Act Seeks to Improve Diversity of Patent Applicants

A bipartisan, bicameral group of members of Congress introduced the Inventor Diversity for Economic Advancement (IDEA) Act to ensure that policy makers and researchers have the tools they need to study diversity among inventors holding U.S. patents.  Representative Nydia Velázquez (D-NY), Representative Steve Stivers (R-OH), Senator Thom Tillis (R-NC) and Senator Mazie Hirono (D-HI) introduced … Continue Reading

Senate Commerce Committee Unanimously Passes Two Bipartisan 5G Bills

Last week, the Senate Commerce Committee held a markup where it unanimously passed two pieces of legislation aimed at improving U.S. fifth-generation wireless network (5G) security measures out of committee: the Secure 5G and Beyond Act (S. 893) and the United States 5G Leadership Act (S. 1625).  These bills—passed as Congress, the Administration, and the … Continue Reading

House and Senate Will Debate Bid Protest Policy

The House of Representatives passed its version of the FY2020 National Defense Authorization Act (“NDAA”) last week.  The headline story was the remarkably close, party-line vote: in contrast to past years, the bill received no Republican votes, and eight Democratic Members voted against it. Those partisan dynamics obscured the inclusion of two important amendments – … Continue Reading

Senators Introduce Legislation to Regulate Privacy and Security of Wearable Health Devices and Genetic Testing Kits

Last week, Senators Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced the Protecting Personal Health Data Act (S. 1842), which would provide new privacy and security rules from the Department of Health and Human Services (“HHS”) for technologies that collect personal health data, such as wearable fitness trackers, social-media sites focused on health data or … Continue Reading

The Butch Lewis Act Takes Important Step Forward

This week, Congress took an important step forward to protect the benefits of retirees in multiemployer pension plans facing insolvency.  On Tuesday, June 11, 2019, the House Committee on Education and Labor marked-up the Rehabilitation for Multiemployer Pensions Act (H.R. 397), better known as the “Butch Lewis Act.”  Among other things, the bill would create … Continue Reading

Senate Committee Holds Hearings on New Bipartisan, Bicameral Proposal to Reform Section 101 of the Patent Act

This week, the Senate Judiciary Subcommittee on Intellectual Property held the first two of a three-part series of hearings on “The State of Patent Eligibility in America.”  The hearings are part of an ongoing bipartisan congressional effort to reform section 101 of the Patent Act to address confusion over patent eligibility wrought by more than … Continue Reading

House Financial Services Committee Passes BSA/AML Overhaul Legislation

On May 9, 2019, the House Financial Services Committee (“HFSC”) unanimously approved an amendment in the nature of a substitute to H.R. 2514, the Coordinating Oversight, Upgrading and Innovating Technology, and Examiner Reform Act (the “COUNTER Act” or the “Act”).  The COUNTER Act, introduced by Representative Emanuel Cleaver (D-MO) would be the first major reform … Continue Reading

 Industry Weighs In on Potential “Emerging Technologies” Export Controls

The U.S. government is now considering how to define potential new export controls on “emerging technologies.” Our article in the China Business Review explains the legislative context informing the current rulemaking process, highlights key themes in public comments submitted by stakeholders in response to an initial request for input, and offers recommendations for companies and … Continue Reading
LexBlog