|House Judiciary Committee Approves
6/6. The House Judiciary Committee
(HJC) amended and approved HR 4377
"Responsibly And Professionally Invigorating Development Act of 2012", or
The HJC approved an
amendment in the nature of a substitute (AINS) [31 pages in PDF] offered by
Rep. Dennis Ross (R-FL). The vote on passage was
14-8. It was straight party line vote. All of the yes votes were cast by Republicans. All of
the no votes were cast by Democrats.
The HJC rejected five amendments to the AINS offered by Democrats. See,
amendment [1 page in PDF] offered by Rep. Hank Johnson (D-GA),
amendment [1 page in PDF] offered by Rep. John Conyers (D-MI),
amendment [1 page in PDF] offered by Rep. Jerrold Nadler (D-NY),
amendment [1 page in PDF] offered by Rep. Sheila Lee (D-TX), and
amendment [15 pages in PDF] offered by Rep. Steve Cohen (D-TN).
Each amendment failed on a straight party line vote. The lack of support from HJC
Democrats does not bode well for the bill in the Senate, which has a Democratic majority.
Four California Democrats did not participate in any of the roll call votes: Rep. Howard
Berman (D-CA), Rep. Zoe Lofren (D-CA), Rep. Judy Chu (D-CA), and Rep. Maxine
Rep. Lamar Smith (R-TX), the Chairman of the
HJC and a cosponsor of the bill, wrote in his
that "The federal regulatory process remains an obstacle to job creation and business
expansion. For example, our outdated and overly burdensome environmental review process
keeps jobs and workers waiting for approval from government agencies in Washington. Employers
and investors can't move forward without the necessary permits, and without confidence in the
He said that this bill would make the "federal environmental review and
permit process more efficient and transparent".
This bill is primarily directed at the National Environmental Policy Act (NEPA), which was
enacted in 1969, and which is now codified at
42 U.S.C. § 4321, et seq.
However, the RAPID Act would also impact information and communications technology (ICT)
in several ways. For example, it would streamline the permitting processes for the extraction of
rare earth minerals, which are used in a wide range of ICT devices and
equipment, including fiber optic cable, disk drives, satellites, and smart phones.
Molycorp Minerals, which operates the
Mountain Pass facility in California, is planning to resume extraction of rare
earths. Molycorp announced in an April 9
release that there are "18.4 million short tons of rare earth ore" at
Also, the NEPA requires all federal agencies, including the Federal Communications Commission
(FCC), to identify and take into account environmental effects, such as the impact on migratory
birds, when deciding whether to authorize or undertake a major federal action, such as the
licensing of communications towers.
For a more detailed discussion of the impact of the RAPID Act on ICT, see story titled
"House Judiciary Committee to Mark Up RAPID Act" in TLJ Daily E-Mail Alert No.
2,388, June 1, 2012.
|Former National Security Officials Urge
Senate to Pass Cyber Security Bill
6/6. A group of former senior defense, national security, and intelligence officials
(Michael Chertoff, Michael Hayden, Mike McConnell, Paul Wolfowitz, James Cartwright and
William Lynn) sent a
letter to Senate leaders Sen. Harry
Reid (D-NV) and Sen. Mitch
McConnell (R-KY) urging them to "bring cyber security legislation to the
floor as soon as possible".
These former officials wrote that "Various drafts of legislation
have attempted to address this important area -- the Lieberman/Collins bill
having received the most traction recently. We will not advocate one approach
over another -- however, we do feel strongly that critical infrastructure
protection needs to be addressed in any cyber security legislation."
The continued that "Where market forces and existing regulations
have failed to drive appropriate security, we believe that our government must
do what it can to ensure the protection of our critical infrastructure.
Performance standards in some cases will be necessary -- these standards should
be technology neutral, and risk and outcome based. We do not believe that this
requires the imposition of detailed security regimes in every instance, but some
standards must be minimally required or promoted through the offer of positive
incentives such as liability protection and availability of clearances."
Moreover, they wrote that "Any legislation passed by Congress
should allow the public and private sectors to harness the capabilities of the
NSA to protect our critical infrastructure from malicious users."
Michael Chertoff (at left) is a
former Secretary of Homeland Security. He is now of counsel to the law firm of
Covington & Burling, and head of the
Chertoff Group, a security consulting firm.
Mike McConnell is a former US Navy officer, former Director of the NSA and
former Director of National Intelligence (the
last two years of the Bush administration). He now works at
Booz Allen Hamilton.
Paul Wolfowitz is a
former Deputy Secretary of Defense. He is now a scholar at the American
Enterprise Institute (AEI), and Chairman of the US
Taiwan Business Council.
Hayden (at right) is a former US Air Force officer, former Director of the NSA,
former Director of the CIA, and former Principal Deputy Director of National
Intelligence. He now works at the Chertoff Group.
James Cartwright is a former US Marines officer, and former Vice Chairman of
the Joint Chiefs of Staff (2007-2011).
William Lynn was Deputy Secretary of Defense (2009-2011) and a senior DOD
official in the Clinton administration.
McConnell, Chertoff and Lynn wrote a
titled "Chinese Cyber Espionage: How to Combat the Growing Threat" that was
published in the Wall Street Journal on January 27, 2012.
There are numerous cyber security related bills pending in the House and
Senate. However, few have been passed by the House of Senate.
The House passed HR 3523
WW], the "Cyber
Intelligence Sharing and Protection Act of 2011" or "CISPA", a bill that would
incent cyber threat information sharing, on April 26, 2012. See, stories titled
"House Passes CISPA" and "Amendment by Amendment Summary of House Consideration
of CISPA" in TLJ Daily E-Mail Alert No. 2,380, April 25, 2012.
The House passed HR 2096
"Cybersecurity Enhancement Act of 2012", on April 27, 2012. This bills
pertains to cyber security research and development, and education, and federal
cyber security standards. See, story titled "House Passes Cybersecurity
Enhancement Act" in TLJ Daily E-Mail Alert No. 2,281, April 30, 2012.
The House passed HR 3834
the "Advancing America's Networking and Information Technology Research and
Development Act of 2012", also known as "NITRD". See, story titled "House
Passes NITRD Bill" in TLJ Daily E-Mail Alert No. 2,281, April 30, 2012.
|Bernanke Addresses Economy and
6/7. Federal Reserve Board (FRB) Chairman
testified before the Congress's Joint Economic
Committee (JEC) on June 7. He wrote in his
prepared testimony that "Real gross domestic product (GDP) rose at an annual
rate of about 2 percent in the first quarter after increasing at a 3 percent
pace in the fourth quarter of 2011".
Bernanke (at right) said that
"To the fullest extent possible, federal tax and spending policies should increase
incentives to ... promote research and development ...".
The research and development (R&D) tax credit expired on December 31, 2011. The Congress
has repeatedly enacted short term extensions of this credit. It was last extended at the end
of 2010. See, story titled "Tax Bill Enacted With R&D Tax Credit Extension" in
TLJ Daily E-Mail Alert No. 2,182,
December 18, 2010.
On Friday, June 8, the House Ways and Means
Committee's (HWMC) Subcommittee on Select Revenue Measures will hold a hearing on
expiring tax provisions, including the R&D tax credit.
This credit, which is codified at 21
U.S.C. § 41, is also in need of modernization in order to incent newer companies, including
tech companies, to conduct more R&D.
Bernanke also stated that "Economic growth appears poised to continue at a
moderate pace over coming quarters". He also noted that "the demand for U.S.
exports has held up well. The U.S. business sector is profitable and has become
more competitive in international markets."
|OMB Memo Addresses Administration's Research
6/8. The Office of Management and Budget (OMB) released a
memorandum [PDF] titled "Science and Technology Priorities for the FY 2014
This memorandum instructs the heads of executive departments and agencies to
focus their research activities on areas listed in this memorandum. It lists the
Obama administration's interest in manufacturing technology, clean energy
technology, global climate research, nanotechnology, STEM education, and biotech.
It also lists two information technology research fields -- big data and
It states that "Within the interagency Networking and Information Technology Research
and Development initiative, agencies should give priority to investments that address the
challenges of, and tap the opportunities afforded by, the Big Data revolution -- the
fast-growing volume of large and complex collections of digital data to advance agency
missions and further scientific discovery and innovation."
It also states that "Within the initiative, agencies should
give priority to investment in data analytics and management and to fundamental
research in computer science and engineering above funding for the development
and procurement of large-scale high performance computing systems."
See, Networking and Information Technology Research and
Development's (NITRD) Big Data
The memorandum adds that "Agencies should also give priority to research guided by
the Trustworthy Cyberspace: Strategic Plan for Cybersecurity R&D Programs to
develop technologies that can protect our systems against current and future
paper titled "Trustworthy Cyberspace: Strategic Plan for Cybersecurity
Research and Development Program", released by the Executive Office of the
President's (EOP) Office of Science and Technology Policy (OSTP) in December of 2011.
|People and Appointments
6/8. Rama Elluru, John Evans, Larry Hume, Ulrike
Jenks, Hyun Jung, Brett Martin, John Martin, Brian
McNamara, Annette Reimers, Sheridan Snedden, and Michael
Strauss took the oath of office as administrative patent judges on the
U.S. Patent and Trademark Office's (USPTO)
Board of Patent Appeals
and Interferences (BPAI). See, USPTO release.
6/7. The Senate
Judiciary Committee (SJC) held an executive business meeting at which it
approved the nominations of Robert Bacharach (to be a Judge of the
U.S. Court of Appeals for the 10th Circuit),
Paul Grimm (U.S. District Court for the District of Maryland), John Dowdell
(USDC/NDOkla), and Mark Walker (USDC/NDFl). The SJC held over consideration of the
nomination of Brian Davis (USDC/MDFl). His nomination is again on the
agenda for the SJC's executive business meeting of June 14.
6/6. The Senate confirmed Jeffrey Helmick to be a Judge of the
U.S. District Court for the Northern
District of Ohio, by a vote of 62-36. See,
Roll Call No. 116. See also, Congressional Record, June 6, 2012, at
6/6. The Federal Trade Commission (FTC) published a
in the Federal Register (FR) that announces the members of it Performance Review
Board: Eileen Harrington, Willard Tom, Pauline Ippolito,
Richard Feinstein, and Mary Engle. See, FR, Vol. 77, No. 109,
Wednesday, June 6, 2012, at Page 33460.
|This issue contains the following items:
• House Judiciary Committee Approves RAPID Act
• Former National Security Officials Urge Senate to Pass Cyber Security Bill
• Bernanke Addresses Economy and R&D
• OMB Memo Addresses Administration's Research Priorities
• People and Appointments
New items are highlighted in
|Friday, June 8.
The House will meet at 9:00 AM for
legislative business. It will consider HR 5882
"Legislative Branch Appropriations Act, 2013". See, Rep. Cantor's
The Senate will not meet.
9:30 AM. The House Ways and
Means Committee's (HWMC) Subcommittee on Select Revenue Measures will hold a hearing on
expiring tax provisions, including the research and development (R&D) tax credit.
It is codified at 21 U.S.C. § 41,
but expired on December 31, 2011. It was last extended at the end of 2010. See, story titled
"Tax Bill Enacted With R&D Tax Credit Extension" in
TLJ Daily E-Mail Alert No.
2,182, December 18, 2010. See,
notice. Location: Room 1100, Longworth Building.
Day two of a two day event hosted by the
American Intellectual Property Law Association (AIPLA) titled "Legal
Secretaries & Administrators Conference". For more information, contact aipla
at aipla dot org or call 703-415-0780. Location: USPTO, Alexandria, VA.
Deadline to submit comments to the U.S.
Patent and Trademark Office (USPTO) in response to its Patents External Quality
notice in the Federal Register, Vol. 77, No. 68, Monday, April 9, 2012, at Pages
|Monday, June 11
The Senate will meet at 2:00 PM.
It will resume consideration of the motion to proceed to S 3240
WW], a huge bill
pertaining to agriculture. It also includes provisions related to rural telecommunications,
broadband and telemedicine. See, story titled "Senate to Take Up Farm Bill with Rural
Broadband and Telemedicine Provisions" in TLJ Daily E-Mail Alert No. 2,391, June 6,
The National Science Foundation
(NSF) National Coordination Office (NCO) for Networking and Information Technology Research
and Development (NITRD) will host an event titled "National Symposium on Moving Target
Research". The purpose of this symposium is to examine whether there is scientific
evidence to show that moving target techniques are a substantial improvement in the
defense of cyber systems. See,
notice in the
Federal Register, Vol. 77, No. 45, Wednesday, March 7, 2012, at Page 13656. Location:
Historic Inns of Annapolis, Annapolis, MD.
Deadline to submit to the Department of Health and Human Services'
(DHHS) Office of the National Coordinator for Health Information Technology (ONCHIT)
nominations to its Health Information Technology Standards Committee
(HITSC) and Health Information Technology Policy Committee (HITPC). See,
notice in the
Federal Register, Vol. 77, No. 106, Friday, June 1, 2012, at Pages 32639-32640.
|Tuesday, June 12
9:00 AM. The Department of Commerce's (DOC)
Bureau of Industry and Security's (BIS)Regulations
and Procedures Technical Advisory Committee (RPTAC) will hold a partially closed meeting.
See, notice in
the Federal Register, Vol. 77, No. 103, Tuesday, May 29, 2012, at Pages 31567-31568. Location:
DOC, Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania
10:00 AM. The Senate
Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department
of Justice". The witness will be Attorney General Eric Holder. The SJC will
webcast this event. See,
notice. Location: Room 226, Dirksen Building.
12:00 NOON. The National Press Club (NPC) will host
a class titled "Social Media Trends for Social Media Managers". See,
notice. The price to attend ranges from $62.50 to $125. Location:
Bloomberg Room, NPC, 13th Floor, 529 14th St. NW.
2:30 PM. The Senate
Intelligence Committee (SIC) will hold a closed hearing titled "Intelligence
notice. Location: Room 219, Hart Building.
5:00 PM. Deadline to submit speaker applications to the
Consumer Electronics Association (CEA) for
the 2013 International CES to be held in Las Vegas, Nevada, on January 8-11,
2013. See, notice.
6:00 - 8:15 PM. The Federal Communications Commission (FCC)
will host an event titled "The FCC in the Courts". Richard Welch, FCC
Deputy Associate General Counsel, will give a presentation titled "How the Agency
Fared Over the Last Year". Jacob Lewis, FCC Associate General Counsel, will
give a presentation titled "FCC Litigation on the Horizon". CLE credits. See,
The Federal Communications Bar Association (FCBA) asserts that this is an FCBA event.
Location: Bingham McCutchen, 2020 K St., NW.
|Wednesday, June 13
10:30 AM - 12:00 NOON. The Heritage
Foundation (HF) will host a panel discussion titled "Export Control Reform:
What's Next?". The speakers will be Patricia Cooper (Satellite Industry Association),
Remy Nathan (Aerospace Industry Association), William Reinsch (
National Foreign Trade Council),
Baker Spring (HF), and
Derek Scissors (HF). See,
Free. Open to the public. Location: HF, 214 Massachusetts Ave., NE.
10:30 AM. The Federal Communications Commission (FCC) will hold an
event titled "Open Meeting". See,
Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.
12:00 NOON - 1:30 PM. The DC Bar
Association will host a presentation titled "Impact of AIA on The Choice Between
Patent and Trade Secret Protection". The speakers will be Griffith Price and Jia Lu
(both of Finnegan Henderson). The price to attend ranges from $89 to $129. Reporters are
barred from attending most DC Bar events. No CLE credits. See,
notice. For more information, call 202-626-3488. Location: Finnegan, 901 New York
12:30 - 2:00 PM. The DC Bar
Association's Media Law Committee will host a closed brown bag lunch meeting to discuss
media and communications law developments. Free. No CLE credits. Reporters are barred
from covering this event. For more information, contact the DC Bar at 202-626-3463 or
Kurt Wimmer (Covington & Burling) at kwimmer at
cov dot com or Jim McLaughlin at mclaughlinj at washpost dot com. See,
notice. Location: Covington & Burling, 1201
Pennsylvania Ave., NW.
|Thursday, June 14
8:45 AM - 2:30 PM. The U.S. China Economic and Security
Review Commission will hold a hearing titled "The Evolving U.S.-China Trade &
Investment Relationship". Location: Room 2118, Rayburn Building.
10:00 AM. The
Judiciary Committee (SJC) will hold an executive business meeting. The
agenda includes consideration Brian Davis (to be a Judge of the USDC/MDFl). See,
notice. Location: Room 226, Dirksen Building.
12:00 NOON - 2:00 PM. The
DC Bar Association will host a presentation titled
"Social Media: Legal Considerations For Corporate Counsel". The speakers will
be Brent Kidwell (Jenner & Block), Paul Meyer (Towers Watson), Blair Vietmeyer (E*TRADE
Financial Corporation), Michael Lowman (Jenner & Block). The price to attend ranges from
free to $15. Reporters are barred from attending most DC Bar events. No CLE credits. See,
notice. For more information, call 202-626-3488. Location:
Jenner & Block, 1099 New York Ave., NW.
2:30 PM. The
Senate Intelligence Committee (SIC) will hold a closed hearing titled "Intelligence
notice. Location: Room 219, Hart Building.
6:00 - 8:15 PM. The Federal
Communications Bar Association (FCBA) will host an event titled "US and EU
Privacy Regulation: An Overview". CLE credits. See,
Location: Mayer Brown, 1999 K St., NW.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its
Notice of Proposed Rulemaking (NPRM) [85 pages in PDF] regarding the 800 MHz cellular
service. The FCC proposes, among other things, to issue geographic area overlay licenses
through competitive bidding in two stages. The FCC adopted and released this NPRM on February
15, 2012. It is FCC 12-20 in WT Docket No. 12-40. See,
notice in the
Federal Register, Vol. 77, No. 52, Friday, March 16, 2012, at Pages 15665-15681.
|Friday, June 15
8:30 - 11:30 AM. The
Technology Policy Institute (TPI)
will host an event titled "The Future of Internet Economics". See,
page. Location: 7th floor, Newseum, 555 Pennsylvania Ave., NW.
8:30 AM - 4:00 PM. The Federal Communications Commission's (FCC)
Consumer Advisory Committee will meet. The FCC will webcast this event. See,
notice in the
Federal Register, Vol. 77, No. 103, Tuesday, May 29, 2012, Pages 31611-31612. Location:
FCC, Commission Meeting Room, 445 12th St., SW.
5:00 PM. Deadline to register to attend the
Department of Homeland Security's (DHS) Privacy Office's
June 20 event titled "Privacy Compliance Workshop". See,
notice in the
Federal Register (FR), Vol. 77, No. 102, Friday, May 25, 2012, at Page 31371.
Deadline to submit to the Federal Communications
Commission (FCC) oppositions to the petitions for reconsideration of the FCC's latest Low
Power Radio Service
order. The FCC adopted and released this Fourth Report and Order and Third Order on
Reconsideration on March 19, 2012. It is FCC 12-29 in MB Docket No. 99-25. See,
notice in the
Federal Register, Vol. 77, No. 105, Thursday, May 31, 2012, at Page 32075. See also,
petition of the Educational
Media Foundation, petition
of Hope Christian Church of Marlton and others,
petition of Corner Media,
and petition of Kyle
Magrill. And see, story titled "FCC Releases Two Items Regarding Local Community Radio
Act" in TLJ Daily E-Mail
Alert No. 2,351, March 20, 2012.
|About Tech Law
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