4/22. The Senate approved a motion to invoke cloture on S 743 [LOC | WW], a bill that would empower states to compel out of state retailers to collect sales taxes on internet and other remote sales, by a vote of 74-20. See, Roll Call No. 107. A super majority of 60 is required to pass a cloture motion.

Seventeen Republicans and three Democrats -- Sen. Jon Tester (D-MT), Sen. Max Baucus (D-MT), and Sen. Ron Wyden (D-OR) -- voted no. Also, Sen. Jeff Merkley (D-OR) did not vote.

The states of Montana, Oregon, New Hampshire and Delaware do not impose sales or use taxes.

This bill is, in part, a reaction to the Supreme Court's 1992 ruling in Quill v. North Dakota, 504 U.S. 298. The Supreme Court held that state and local taxing authorities are barred under the Commerce Clause from requiring remote sellers without a substantial nexus to the taxing jurisdiction to collect sales taxes for sales to persons within the jurisdiction.

However, the Supreme Court added that Congress may extend such authority. It wrote that "Congress is now free to decide whether, when, and to what extent the States may burden interstate mail order concerns with a duty to collect use taxes." (At 504 U.S. 318.)

The Consumer Electronics Association (CEA) praised the Senate cloture vote, and urged passage, in a release. The National Retail Federation (NRF) also supports this bill.

Bill Summary. S 743 is nondescriptively titled the "Marketplace Fairness Act".

The bill would authorize any state "to require all sellers", regardless of location, "to collect and remit sales and use taxes with respect to remote sales sourced to that" state. Thus, it would apply not only to internet sales, but also to mail order catalogue sales, and other remote sales.

The bill provides an exemption "if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year" of less the $1 Million.

The bill also authorizes states to require remote sellers to "file sales and use tax returns", and then conduct "audits for remote sales sourced to the State".

The term "sourced" is defined to mean the "location where the item sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller", which is typically the buyer's home address. If this is not known by the seller, then the term "sourced" means the "customer's address" as "obtained by the seller during the consummation of the transaction" -- that is, from credit card billing address records.

There are around 30,000 state and local jurisdictions with authority to impose sales and use taxes. Depending upon which group's data one accepts, there are around 7,500 to 9,600 jurisdictions that impose some kind of sales or use tax.

The bill relies upon a presumption of suspect validity that retailers will be ably to comply with the laws of thousands of jurisdictions because states will provide "software free of charge for remote sellers that calculates sales and use taxes".

The bill is devoid of provisions that would limit complexity or arbitrariness. It does not require the thousands of taxing jurisdictions to develop uniform definitions for taxed and exempted items. It does not establish standard requirements for electronic filing. It does not establish a single audit system. It does not contain any procedural rights for remote sellers.

There is, of course, the state pact titled the "Streamlined Sales and Use Tax Agreement". However, this bill would authorize states to collect taxes on remote sellers without signing that pact.

This bill would enable state and local jurisdictions to shift from what was once primarily a retailer location based tax system, to a tax system that is also based upon buyer locations. The former is simple, and anonymous. The latter is complex, burdensome, non-anonymous and privacy invasive.

Under a retailer location based system retailers only need to know the laws of the jurisdictions in which they are located. Also, the identities and addresses of buyers are irrelevant. If someone comes into a store and buys a covered item, the relevant tax is collected, regardless of who the buyer is, or where he or she lives.

Under a buyer location system, for all remote sales, the buyer's location is determinative of the tax. The seller must know the address of every buyer, in which taxing jurisdiction they reside, and what are the tax laws of those jurisdictions. This is complex and burdensome.

The seller must collect and retain databases of information on all remote sales that includes the home addresses of remote buyers for mailed items, and in the case of streamed or other digital products, credit cards billing addresses. These databases would be discoverable in audits. The bill contains no data minimization requirements. This is privacy invasive.

Jim Harper of the Cato Institute wrote in a February 15 piece titled "More Internet Sales Taxes -- and Your Privacy Compromised" that "it's important not to forget the consequences for privacy if Congress were to approve interstate tax collection like this. Dig down into the bill and you start to see what it takes for states and localities to tax products sent into their states by remote sellers."

Harper wrote that "state tax authorities would get troves of data about online purchases delivered into their state. The standard misuses apply. It might be transferred to other organs of government, legally or not, for investigation and examination. Curious state bureaucrats might look up the purchasing habits of ex-spouses, famous names, and political figures. The list goes on and on."

Senate Proponents. Proponents of the bill primarily advanced two main arguments. First, states need more tax revenues. Second, the status quo is unfair to brick and mortar retailers.

Sen. Richard Durbin (D-IL) (at right), a sponsor of the bill, stated that "My State is struggling with terrible budget problems. We are in the red with deficits, our pension system is in trouble, and money that should be collected for sales tax is not being collected. So what we are doing with this bill is allowing States to have Internet retailers selling in those States to collect the sales tax."

Sen. Mike Enzi (R-WY), the lead sponsor of the bill, stated that "I believe it is important to level that playing field for all retailers -- the in-store, the catalogue, and the online -- so an outdated rule for sales tax collection doesn't adversely impact particularly small businesses and Main Street retailers."

Sen. Enzi predicted that if enacted, this bill "would provide approximately $23 billion in fiscal relief for States". However, Sen. John Rockefeller (D-WV) said that "California loses about $4 trillion-plus because of this".

Sen. Lamar Alexander (R-TN) said that this bill is about "states rights".

Senate Opponents. Sen. Wyden stated that "the Senate is on course to consider profoundly misguided legislation. This proposal is known as the Marketplace Fairness Act, but it is anything but fair. The Marketplace Fairness Act is unprecedented in its reach to discriminate against the Internet, employers, and States with modest or no sales taxes."

Sen. Wyden (at right) continued that "Big retailers, effectively seeking a legislative bailout, have allied themselves with State governments that see the Marketplace Fairness Act as an opportunity to obtain new tax revenue without enduring the political consequence of enforcing their own tax laws in their own jurisdictions. It is always easier to put the burden of collecting taxes on the people who can't vote for you".

"The Marketplace Fairness Act is going to hobble the Internet economy and constrain online commerce. It is, in my view, a recipe for economic stagnation. It would rein in the Internet economy which has helped lead our economy out of the recession that began in 2008." He continued that "This proposal, in effect, unleashes all the Nation's tax collectors on small Internet businesses -- Internet entrepreneurs who have neither the ability to enforce the terms of the Marketplace Fairness Act nor the political influence in this city to be able to shape the legislation. The Marketplace Fairness Act takes the Internet down a dangerous path because its passage would endorse the notion that Internet entities should be required to enforce laws outside their home jurisdiction."

Sen. Baucus said that "This bill forces small businesses across the country to spend time and resources they should be using to create jobs, jumping through new bureaucratic hoops. In Montana it forces our small businesses to play tax collector for other States, with absolutely no benefit to them."

He said that this bill "forces small businesses to hire expensive lawyers and accountants to deal with the burdensome paperwork and added complexity of tax rules and filings across multiple States."

"The bill, as written, has no audit or enforcement protection. As a result, it opens small businesses to aggressive out-of-State tax collectors. States will be taxing businesses beyond their borders. This bill helps States target those businesses that are truly operating out of State and subjects them to the same broken, confusing State sales tax systems that are currently in place."

Sen. Kelly Ayotte (R-NH) said that this bill "should be renamed the Internet Tax Collection Act because it is going to make online businesses the tax collectors for the Nation".

Several Senators, and especially members of the Senate Finance Committee (SFC), complained that the bill should first be marked up by the SFC. For example, Sen. Orrin Hatch (R-UT), the ranking Republican on the SFC, said that the committee system exists "to make sure the legislation we pass is technically sound".

House of Representatives. This bill has not yet passed the House.

The House Judiciary Committee (HJC) has jurisdiction. Unlike Sen. Reid, Rep. John Boehner (R-OH), the Speaker of the House, does not make a practice of circumventing the committee process for major legislation.

Rep. Bob Goodlatte (R-VA), the Chairman of the HJC, has a history of sponsoring bills to limit aggressive state tax collection efforts directed at out of state businesses.

See also story titled "House Judiciary Committee Holds Hearing on Internet Sales Tax Bill" in TLJ Daily E-Mail Alert No. 2,410, July 24, 2012.

Steve Del Bianco, head of Net Choice, stated in a release that this bill "is a like a bad impressionist painting -- it's appealing at first glance, but the longer you stare the worse it looks. The Senate got around that problem today by making sure nobody had a chance to look too closely at this legislation. Thankfully for businesses and consumers, the House of Representatives won't be so accommodating."

4/23. The Executive Office of the President's (EOP) Office of Management and Budget (OMB) stated in a release that "The Administration strongly supports" S 743 [LOC | WW], a bill that would empower states to compel out of state retailers to collect sales taxes on internet and other remote sales.

This release states that "The Administration strongly supports provisions in S. 743 that would directly address those concerns by granting only those States and localities that have simplified their sales tax systems the option to require all retailers, including those located out-of-state, to collect sales and use taxes already owed under law."

It adds that this bill would increase state and local tax revenues, and end an unfair advantage enjoyed by online retailers.

4/23. Sen. Max Baucus (D-MT), the Chairman of the Senate Finance Committee (SFC), announced in a release that he will not seek re-election in 2014. He is a red state Democrat who is often at odds with President Obama. He has also long been supportive of information technology on numerous issues.

Sen. Baucus (at right) is a Democrat who has long represented a state easily won by Republicans in most other Presidential, Senate and House elections by distancing himself from the policies and leaders of his party.

Sen. Baucus's separation from President Obama and the Senate Democratic leadership also manifests itself in numerous technology related issues.

For example, he twice voted, along with Sen. Jon Tester (D-MT), in the 112th Congress against the bill backed by President Obama and Sen. Harry Reid (D-NV) that would have given the President authority to regulate business's cyber security related practices.

Sen. Baucus's long time support for free trade policies has also placed him at odds with President Obama. Many farm and ranch state Senators of both parties are free traders in part because their states export much of what they produce.

Sen. Baucus has also long supported, and often sponsored, legislation to make the research and development tax credit permanent.

Sen. Baucus is also a vocal opponent of S 743 [LOC | WW], the Senate bill that would empower states to collect taxes from out of state online retailers. Sen. Reid is now attempting to push this bill through the Senate by bypassing the SFC.

Sen. Jay Rockefeller (D-WV) is next in Democratic seniority on the SFC. However, he has announced that he will not run for re-election in 2014. Behind him had been former Sen. John Kerry (D-MA), who left the Senate to become Secretary of State.

Next in Democratic seniority is Sen. Ron Wyden (D-OR). Sen. Wyden has long been a leading opponent of internet taxes, first in the House, and then in the Senate. Next in seniority is Sen. Charles Schumer (D-NY).

4/18. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination of Gregory Phillips to be a Judge of the U.S. Court of Appeals for the 10th Circuit.

4/18. The Senate confirmed Analisa Torres to be a Judge of the U.S. District Court for the Southern District of New York. See, Congressional Record, April 18, 2013, at Page S2817.

4/18. The Senate confirmed Derrick Watson to be a Judge of the U.S. District Court for the District of Hawaii. by a vote of 94-0. See, Roll Call No. 106. See also, Congressional Record, April 18, 2013, at Page S2817.

4/18. Sen. Patrick Leahy (D-VT) and Sen. Charles Grassley (R-IA) once again sparred in the Senate over confirmation of judicial nominees. Sen. Leahy, the Chairman of the Senate Judiciary Committee (SJC), said that Republicans are filibustering and delaying President Obama's nominees with "destructive tactics" that are "putting an unnecessary strain on our Federal courts". See, transcript. Sen. Grassley, the ranking Republican on the SJC, stated that the current Senate is moving more expeditiously on Obama's nominees that the Senate did on President Bush's nominees. He also said that Obama "has allowed vacancies to accumulate before submitting nominations. So it's about time that down at the White House they get down to work, decide who they’re going to nominate, and get the nominations up here". He added that "Throughout his administration it has been the case that a majority of vacancies have had no nominees. Presently do you know that 3 of 4 vacancies have no nominees up here? For the 36 vacancies categorized as ``Judicial Emergencies´´ there are only 8 nominees." See, transcript. Sen. Leahy did not use this occasion to discuss the nomination of Valerie Caproni for the USDC/SDNY. Over five months after Obama first nominated her, Sen. Leahy has yet to schedule a hearing. See, story titled "Obama Nominates Caproni to District Court" in TLJ Daily E-Mail Alert No. 2,474, November 19, 2012, and story titled "Sen. Grassley Seeks Information on Caproni's Involvement in FBI Violations of Surveillance Law" in TLJ Daily E-Mail Alert No. 2,538, March 21, 2013.

4/15. The Senate confirmed Beverly O'Connell to be a Judge of the U.S. District Court for the Central District of California by a vote of 92-0. See, Roll Call No. 96, and Congressional Record, April 15, 2013, at Page S2655.

4/15. President Obama nominated Vernon Broderick to be a Judge of the U.S. District Court for the Southern District of New York. See, White House news office release and release. He is a partner in the New York City office of the law firm of Weil Gotshal & Manges.

4/22. The Securities and Exchange Commission (SEC) announced in a release that George Canellos and Andrew Ceresney "have been named Co-Directors" of the SEC's Division of Enforcement. Mary Jo White, who was confirmed as Chairman of the SEC on April 8, 2013, previously worked at the law firm of Debevoise & Plimpton. Ceresny worked in the same office. Sen. Charles Grassley (R-IA) stated in a release that "With the head of the SEC and one of the co-directors of enforcement coming from the same firm, both might be recused from many cases involving that firm's clients. The SEC will have to ensure that cases don't fall by the wayside because of potential conflicts of interest and recusals. The commission can't give any impression of favoritism toward former clients of the chairman and co-director of enforcement’s former law firm."

4/22. The Pharmaceutical Research and Manufacturers of America (PhRMA) announced in a release the election of Michael Narachi (P/CEO of Orexigen Therapeutics) to its Board of Directors. John Castellani remains the P/CEO of the PhRMA.

4/18. House and Senate Republicans continue to press Tom Perez, President Obama's nominee to be the next Secretary of Labor, to respond to a subpoena issued by the House Oversight and Government Reform Committee, and to respond to other Congressional requests. Perez, who is currently Assistant Attorney General in charge of the Department of Justice's (DOJ) Civil Rights Division (CRD), has advocated regulation of web sites and information technology under the guise of the Americans with Disabilities Act (ADA). However, the opposition to his nomination relates to some of Perez's other actions at the CRD. See, April 15 report [68 pages in PDF], and April 18 letter from Sen. Charles Grassley (R-IA) to Perez. See also, story titled "Obama Picks IT Nemesis Tom Perez to Be Secretary of Labor" in TLJ Daily E-Mail Alert No. 2,535, March 18, 2013.

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The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider non-technology related items under suspension of the rules. See, Rep. Cantor's schedule.

The Senate will meet at 10:00 AM.

Federal Communications Commission (FCC) Auction 94 is scheduled to begin.

Day three of a four day conference hosted by the NTCA titled "2013 NTCA Legislative and Policy Conference". See, notice. Location: Hyatt Regency Washington on Capitol Hill, 400 New Jersey Ave., NW.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, Vol. 78, No. 63, April 2, 2013, at Pages 19638-19639. Location: DOC, Hoover Building, Room 6087B, 14th Street between Constitution and Pennsylvania Avenues, NW.

12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will hold an event at which FCC Commissioners' wireless legal advisors will meet with representatives of regulated entities. The participants will include Renee Gregory (Legal Advisor to FCC Chairman Julius Genachowski), Louis Peraertz (Legal Advisor to Commissioner Mignon Clyburn), David Goldman (Legal Advisor to Commissioner Jessica Rosenworcel), and Courtney Reinhard (Wireless Legal Advisor to Commissioner Ajit Pai). Prices vary. CLE credits. No webcast. The FCBA states that this is an event of its Wireless Telecommunications Committee. Location: Arnold & Porter, 555 12th St., NW.

1:00 - 5:00 PM. The Copyright Office (CO) will hold a hearing on proposals to create a resale royalty right in the United States. See, notice in the Federal Register, Vol. 78, No. 61, March 29, 2013, at Pages 19326-19329. See also, story titled "Copyright Office to Hold Hearing on Resale Royalty Right" in TLJ Daily E-Mail Alert No. 2,543, April 1, 2013. Location: CO Hearing Room, LM-408 of the Madison Building, Library of Congress, 101 Independence Ave., SE.

TIME CHANGE. 2:15 - 3:45 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Cyber Security and Critical Infrastructure". The speakers will be Tommy Ross (office of Sen. Harry Reid (D-NV)), Bob Schwentker (North Carolina Electric Membership Corporation), Lisa Sotto (Hunton & Williams), and Christy Walsh (Federal Energy Regulatory Commission). Prices vary. CLE credits. See, notice.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room 219, Hart Building.

RESCHEDULED FROM APRIL 16. 4:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on the Constitution, Civil Rights, and Human Rights will hold a hearing titled "Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killing". See, notice. Location: Room 226, Dirksen Building Room 216, Hart Building.

5:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Building.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

The Senate will meet at 9:30 AM. It is scheduled to consider the nominations of Jane Kelly to be a Judge of the U.S. Court of Appeals (8thCir) and Sylvia Burwell to be Director of the Office of Management and Budget.

Day four of a four day conference hosted by the NTCA titled "2013 NTCA Legislative and Policy Conference". See, notice. Location: Hyatt Regency Washington on Capitol Hill, 400 New Jersey Ave., NW.

8:30 AM - 4:30 PM. The American Bar Association (ABA) will host an event titled "Trademark Day: Behind the Scenes at USPTO". Prices vary. See, notice. Location: Trademark Office, USPTO, Alexandria, VA.

10:00 AM. The House Foreign Affairs Committee (HFAC) will hold a hearing titled "Export Control Reform: the Agenda Ahead". The witnesses will be Thomas Kelly (Department of State), Kevin Wolf (Assistant Secretary of Commerce for Export Administration), and Kathleen Hicks (Department of Defense). See, notice. Location: Room 2172, Rayburn Building.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Technology and Subcommittee on Research will hold a joint hearing titled "Next Generation Computing and Big Data Analytics". The witnesses will be David McQueeney (IBM), Michael Rappa (North Carolina State University), and Farnam Jahanian (National Science Foundation). See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The Trans-Pacific Partnership: Opportunities and Challenges". The witnesses will be Karan Bhatia (Generral Electric Company), Bob Hanson (Montana Farm Bureau Federation), David Hirschmann (U.S. Chamber of Commerce), and Tom Suber (U. S. Dairy Export Council). See, notice. Location: Room 215, Dirksen Building.

12:15 - 1:45 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "FCBA Website Redesign Discussion". Location: Squire Sanders, 1200 19th St., NW.

1:30 - 3:00 PM. The Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Interpreting Xi Jinping's First Trip Abroad: Glimpses of an Emerging Diplomatic Strategy?" The speakers will be Zbigniew Brzezinski (CSIS), David Lampton (Johns Hopkins University), and Christopher Johnson (CSIS). See, notice. Location: CSIS, B1 Conference Room, 1800 K St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "A Status Update on the Development of Voluntary Do-Not-Track Standards". The witnesses will be Harvey Anderson (Mozilla), Justin Brookman (Center for Democracy and Technology), Luigi Mastria (Digital Advertising Alliance), and Adam Thierer (George Mason University). See, notice. Webcast. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Raymond Chen (USCA/FedCir) and Jennifer Dorsey (USDC/DNev). Webcast. See, SJC notice and story titled "Obama Nominates Raymond Chen for Federal Circuit" in TLJ Daily E-Mail Alert No. 2,522, February 8, 2013. Location: Room 226, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Introduction to Legislative Drafting in the House of Representatives". Prices vary. CLE credits. See, notice. Location: Bingham McCutchen, 2020 K St., NW.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "What's on the Agenda for the New FCC?". The speakers will be Robert Atkinson (ITIF), Richard Bennett (ITIF), Rick Chessen (NCTA), Blair Levin (Aspen Institute), Randolph May (Free State Foundation), Christopher McCabe (CTIA), Gigi Sohn (Public Knowledge). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

TIME CHANGE. 10:00 AM. 9:30 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 607 [LOC | WW], the "Electronic Communications Privacy Act Amendments Act of 2013", and S 744 [LOC | WW], the "Border Security, Economic Opportunity, and Immigration Modernization Act". See, notice. Webcast. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security and Investigations will hold a hearing titled "The Electronic Communications Privacy Act (ECPA), Part 2: Geolocation Privacy and Surveillance". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Small Business Committee's (HSBC) Subcommittee on Contracting and Workforce will hold a hearing titled "The Small Business STEM Workforce Shortage and Immigration Reform". The witnesses will include Morgan Reed (Association for Competitive Technology). See, notice. Location: Room 2360, Rayburn Building.

10:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) will hold a hearing on the Federal Communications Commission's (FCC) lifeline universal service tax and subsidy program. The witnesses will be Geoff Feiss (Montana Telecommunications Association), Jessica Gonzalez (National Hispanic Media Coalition), Billy Jack Gregg, Christopher McCabe (CTIA), Phillip Jones (National Association of Regulatory Utility Commissioners), and Julie Veach (Chief of the FCC's Wireline Competition Bureau). See, HCC notice, and story titled "House Commerce Committee Republicans Write FCC Regarding Growth, Waste and Abuse in Lifeline Subsidy Program" in TLJ Daily E-Mail Alert No. 2,542, March 27, 2013. Location: Room 2123, Rayburn Building.

POSTPONED. 10:30 AM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "The State of Wireless Communications". The witnesses will be Jonathan Spalter (Mobile Future), Doug Webster (Cisco Systems), Steven Berry (Competitive Carriers Association), Delara Derakhshani (Consumers Union), and Thomas Nagel (Comcast). See, notice. Webcast. Location: Room 253, Russell Building.

1:00 PM. The US Telecom will host a webcast seminar titled "The Future of the Connected Living Room". The speaker will be Michael Wolf (NextMarket Insights and Forbes). Free. Open to the public. See, notice.

2:00 PM. The House Foreign Affairs Committee (HFAC) will meet to mark up HR 419 [LOC | WW], the "Taiwan Policy Act of 2013". See, notice. Location: Room 2172, Rayburn Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies will hold a hearing titled "Protecting Our Nation's Critical Intrastructure from Cyber Attack and Ensuring Privacy and Civil Liberties". See, notice. Location: Room 311, Cannon Building.

2:00 PM. The Senate Foreign Relations Committee's (SFRC) Subcommittee on East Asian and Pacific Affairs will hold a hearing titled "Rebalance to Asia II: Security and Defense: Cooperation and Challenges". The witnesses will be Joseph Yun (Department of State), Mark Lippert (Department of Defense), and Nina Hachigian (Center for American Progress). See, notice. Location: Room 419, Dirksen Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room 219, Hart Building.

TIME?. The American Bar Association (ABA) will host a webcast panel discussion titled "Implementation of Satellite Export Control Reform Legislation". The speakers will be Patricia Cooper, Sam Black, and Matthew Kleiman. No CLE credits. See, notice.

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule.

Supreme Court conference day. See, Supreme Court calendar.

8:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Bandwidth for the Buck: The State of Broadband Access and Competition in the US". The speakers will be Robert Atkinson (ITIF), Robert Atkinson (Columbia Institute for Tele-Information), Jeffrey Eisenach (Navigant), and Jodie Griffin (Public Knowledge). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice in the Federal Register, Vol. 78, No. 67, April 8, 2013, at Pages 20918-20919. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "IP and the Comic Book Superhero". The speakers will be James Daily (Stanford University Hoover Project on Commercializing Innovation), Brad Desnoyer (DC Comics), Janet Fries (Drinker Biddle & Reath), Martha Voelz (S. H. Jacobs & Associates), and David Postolski (Day Pitney). Prices vary. CLE credits. See, notice.

The House will not meet the week of April 29 through May 3. See, House calendar for the 113th Congress, 1st Session.

2:00 - 4:15 PM. The Brookings Institution (BI) and Center for Strategic and International Studies (CSIS) will host a pair of panel discussions titled "Taiwan's Response to an Evolving Security Environment". The speakers will be Richard Bush (BI), Bonnie Glaser (CSIS), Andrew Yang (Taiwan's Vice Minister of National Defense for Policy), Chia-Sheng Chen (Taiwan Ministry of National Defense), and Phillip Saunders (National Defense University). See, CSIS notice and BI registration page. There will be no live webcast. The BI will publish an archived audio recording later in the day, and a transcript within a couple of days. Location: BI, 1775 Massachusetts Ave., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "FirstNet: Views from the Inside and Outside". Prices vary. CLE credits. Registrations and cancellations are due by 12:00 NOON on Friday, April 26. See, notice. Location: Squire Sanders, 1200 19th St., NW.

EXTENDED TO JUNE 21. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding elevating the allocation status of Earth Stations Aboard Aircraft (ESAA) in the 14.0-14.5 GHz band from secondary to primary and whether giving ESAA licensees primary status in the 14.0-14.5 GHz band would require a change to the technical rules. The FCC adopted this NPRM on December 20, 2012, and released it on December 28, 2012. It is FCC 12-161 in IB Docket No. 12-376. See also, original notice in the Federal Register, Vol. 78, No. 46, March 8, 2013, at Pages 14952-14957. See, second notice in the FR, Vol. 78, No. 61, March 29, 2013, at Page 19172.

Deadline to submit comments to the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) regarding the cyber security regulatory regime initiated by Executive Order of February 13, 2013. See, notice in the Federal Register Vol. 78, No. 60, March 28, 2013, at Pages 18954-18955. See also, stories titled "Obama Signs Cyber Security Order and Policy Directive" in TLJ Daily E-Mail Alert No. 2,525, February 19, 2013, and "NIST Issues Cyber Security NOI" in TLJ Daily E-Mail Alert No. 2,542, March 27, 2013.

Deadlines to submit nominations to the Department of Commerce (DOC) for membership on its Federal Economic Statistics Advisory Committee. See, notice in the Federal Register, Vol. 78, No. 61, March 29, 2013, at Pages 19191-19192.

TIME? The Department of State's (DOS) International Telecommunication Advisory Committee's (ITAC) ITAC-D ad hoc will meet to discuss preparation for the ITU World Telecommunication Development Conference (WTDC 2014). See, notice in the Federal Register, Vol. 78, No. 57, March 25, 2013, at Pages 17992-17993. Location: Fourth floor West Tower, 1300 I St., NW.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will hold another in its series of meetings regarding mobile application transparency. See, notice in the Federal Register, Vol. 78, No. 62, April 1, 2013, at Pages 19461-19462. Location: American Institute of Architects, 1735 New York Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Media Bureau (MB) in response to its Public Notice, DA 13-281 in MB Docket No. 13-50, released on February 26, 2013, regarding the August 31, 2012 letter from the Coalition for Broadcast Investment regarding FCC restrictions on foreign ownership and voting interests. See also, notice in the Federal Register Vol. 78, No. 55, March 21, 2013, at Pages 17395-17403.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding whether there should be a small claims process for patent enforcement. See, original notice in the Federal Register (FR), Vol. 77, No. 243, December 18, 2012, at Pages 74830-74831, and extension notice in the FR, Vol. 78, No. 44, March 6, 2013, at Pages 14515-14516. See also, story titled "USPTO Seeks Comments on Creation of Patent Small Claims Process" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012.