Archives: Congressional Action

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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

Now In Congress: Budget, Nominations, Mueller Report

April began with Washington learning of the first-quarter fundraising hauls of Democratic presidential hopefuls, many of whom are current or former senators and House members. Meanwhile, several additional potential presidential candidates continue to weigh their options for jumping into the race, with much of the attention on former Vice President Joe Biden, who is trying … Continue Reading

Congress Amends LDA Forms to Require Reporting of Lobbyist Convictions

The recent passage of the Justice Against Corruption on K Street Act of 2018 (“JACK Act” or the “Act”) imposes new requirements on those registering and filing reports under the Lobbying Disclosure Act (“LDA”). The Act amends the LDA to require that LDA registrants disclose listed lobbyists’ convictions for criminal offenses involving bribery, extortion, embezzlement, … Continue Reading

Senate Reintroduces IoT Cybersecurity Improvement Act

On March 11, 2019, a bipartisan group of lawmakers including Sen. Mark Warner and Sen. Cory Gardner introduced the Internet of Things (IoT) Cybersecurity Improvement Act of 2019. The Act seeks “[t]o leverage Federal Government procurement power to encourage increased cybersecurity for Internet of Things devices.” In other words, this bill aims to shore up … Continue Reading

Net Neutrality Update: House Hearing and Proposed Legislation

Since the Federal Communications Commission (“FCC”) repealed the 2015 net neutrality rules last year, federal and state lawmakers have debated how to address the issue of net neutrality going forward.  We previously have discussed some of the state net neutrality laws that were enacted, including California’s law, which currently is on hold pending the resolution … Continue Reading

A Look at February on Capitol Hill

Washington, D.C., is absorbing President Donald Trump’s first State of the Union address to Congress since the Republican Party lost the House of Representatives in the midterm election last fall, amid concerns that the ongoing budget impasse over a potential southern border wall and related immigration issues might lead to the year’s second government shutdown. … Continue Reading

Will the 116th Congress Improve Retirement Security? Democrats Move to Shore Up Troubled Multiemployer Pension Plans   

With the 116th Congress recently underway, some lawmakers on Capitol Hill are making it clear that retirement security is one of their top priorities.  On Wednesday, February 6, 2019, the House Ways & Means Committee will hold one of its first hearings in the new Congress, which will examine an array of retirement security issues … Continue Reading

Congressional Forecast: December

The U.S. House and Senate have convened for a lame duck session of Congress, during which they must compromise on legislation that funds the government or face a shutdown. They may also endeavor to move additional legislation and continue to confirm Trump administration nominees before the end of the 115th Congress later this month. The … Continue Reading

Litigation Options For Post-Cyberattack ‘Active Defense’

In March 2017, Rep. Tom Graves, R-Ga., introduced a draft bill titled the Active Cyber Defense Certainty Act. The bill would amend the Computer Fraud and Abuse Act to enable victims of cyberattacks to employ “limited defensive measures that exceed the boundaries of one’s network in order to monitor, identify and stop attackers.”[1] More specifically, … Continue Reading

Senate Discusses a Federal Privacy Law with Privacy Experts: Examining Lessons From the European Union’s General Data Protection Regulation and the California Consumer Privacy Act

On October 10, the Senate Committee on Commerce, Science, and Transportation held second hearing on data privacy that invited advocates and experts to discuss a federal privacy law. The panelists included Andrea Jelinek, director of the European Data Protection Board; Alastair Mactaggart, chair of Californians for Consumer Privacy; Laura Moy, executive director of the Georgetown … Continue Reading

Congress takes the lead on U.S.-Africa Policy

While the nation has been transfixed by the confirmation hearings of Judge Brett Kavanaugh for a seat on the Supreme Court, Congress passed significant legislation on Africa that has attracted virtually no attention. On October 3, the Senate passed the Better Utilization of Investments Leading to Development Act, better known as the Build Act. President … Continue Reading

Congressional Forecast: September

The House and Senate are entering their respective final runs before the November midterm elections, following a two-day break for Rosh Hashanah, the Jewish New Year — even though the possibility of Hurricane Florence entering the Washington, D.C. metropolitan area cut short an already shortened week. The pressing items of business are funding the government … Continue Reading

Congressional Forecast: July

Congress returned from the July 4 recess to the much anticipated announcement by President Donald Trump of his nominee to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. Former Kennedy law clerk Judge Brett Kavanaugh, a highly credentialed Washington, D.C., veteran with a dozen years of service on the D.C. Circuit Court of Appeals, is … Continue Reading

GAO Testimony Before Congress Regarding Emerging Opportunities, Challenges, and Implications for Policy and Research with Artificial Intelligence

Timothy M. Persons, GAO Chief Scientist Applied Research and Methods, recently provided testimony on artificial intelligence (“AI”) before the House of Representatives’ Subcommittees on Research and Technology and Energy, Committee on Science, Space, and Technology.  Specifically, his testimony summarized a prior GAO technological assessment on AI from March 2018.  Persons’ statement addressed three areas:  (1) … Continue Reading

Stronger patents dominate IP agenda in 115th Congress

Patents have been mainstay of the Judiciary Committee agenda in both chambers for more than a decade, but never before has the debate seemed so firmly focused on strengthening patent rights.  Significant patent bills are pending in both chambers, and the House and Senate Judiciary Committees have summoned Andrei Iancu, the new director of the … Continue Reading

Recent Developments in the Joint Select Committee on Solvency of Multiemployer Pension Plans

The solvency crisis bearing down on the multiemployer pension plan system has captured the attention of Capitol Hill.  Since March, the Joint Select Committee on Solvency of Multiemployer Pension Plans (the “Committee”) has held a series of hearings examining the multiemployer pension system.  Although it is unclear whether the bipartisan Committee ultimately will agree on … Continue Reading

Congressional Forecast: June

As the weeklong July 4 recess approaches, members of Congress are pursuing a busy legislative schedule, focused on the fiscal year 2019 National Defense Authorization Act, some lesser FY 2019 appropriations bills, reform of the Committee on Foreign Investment in the United States, immigration reform and border security, the farm bill authorization (set to lapse … Continue Reading
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