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Tuesday, July 2, 2013, Alert No. 2,582.
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House Commerce Committee Makes Staff Changes

7/1. The House Commerce Committee (HCC) announced staff changes. David Redl will become Chief Counsel of the Subcommittee on Communications and Technology (SCT). He will replace Neil Fried.

Redl has worked for the HCC since 2011. He is from Oregon, as is Rep. Greg Walden (R-OR), Chairman of the SCT. He is also a former Chairman of the Oregon Public Utilities Commission (OPUC). Before joining the HCC, he worked for the CTIA.

Rep. Fred Upton (R-MI), Chairman of the HCC, stated in a release that "Neil has been a fixture of the Energy and Commerce telecommunications team for nearly a decade. I have greatly appreciated his wise and steady counsel through the years dating back to my days at the helm of the telecommunications subcommittee. He was instrumental in the ongoing effort to keep the Internet free of regulations and helping spur innovation and technological advancement in the communications sector."

The Hill and Politico have reported that Fried will go to work for the Motion Picture Association of America (MPAA).

In addition, the HCC announced that Ray Baum "will provide strategic counsel for the committee in an expanded role as senior policy advisor and chief strategist on state initiatives, cybersecurity, telecommunications, and technology."

Also, Kelsey Guyselman was named counsel to the SCT. She has also worked for the CTIA.

Finally, Noelle Clemente was named to the HCC's news team. She will handle health care matters. She previously worked for the American Action Forum. Also, she was previously press secretary for Rep. Tom Price (R-GA). Sean Bonyun continues to handle SCT communications.

Obama Nominates Two for Northern District of California Judgeships

6/20. President Obama nominated James Donato and Beth Freeman to be Judges of the U.S. District Court for the Northern District of California, a court which hears numerous patent, copyright, and other technology related cases. See, White House news office release and release.

Donato has been a partner in the San Francisco office of the law firm of Shearman & Sterling since 2009. His law firm biography states that "represents technology, Internet and manufacturing companies in matters involving antitrust, qui tam actions (False Claims Act), product liability and commercial disputes. He has represented Covidien, LG Electronics, Agilent Technologies, United Continental, and Dun & Bradstreet, Inc., among other leading companies." (Parentheses in original.)

This biography also states that his experience includes "Internet and equipment manufacturers in privacy cases for wiretapping, stored communications, Electronic Communications Privacy Act, Computer Fraud and Abuse Act, state privacy laws, and breach of privacy policies".

He worked a Cooley (previously Cooley Godward) from 1996 through 2009, where he was one of the attorneys who represented Sun Microsystems, for example, in Java related litigation against Microsoft. See, motion for preliminary injunction.

He was a Deputy City Attorney in the San Francisco City Attorney's Office from 1993 to 1996. And before that, he worked for the law firm of Morrison & Foerster.

Freeman has been a California state trial court judge since 2001, serving on the San Mateo County Superior Court. Before that, she was a long time employee of the San Mateo County Counsel's Office.

Pending Judicial Appointments

7/2. There are seven judicial nominees who have been approved by the Senate Judiciary Committee (SJC), but not yet considered by the full Senate. See, Senate Executive Calendar.

Two are scheduled for Senate votes on Monday, July 8 -- Greg Phillips, who has been nominated for a seat on the U.S. Court of Appeals (10thCir), and Jennifer Dorsey, who has been nominated for a seat on the U.S. District Court (DNev).

Raymond ChenRaymond Chen, (at right) who has been nominated for the U.S. Court of Appeals (FedCir), is moving through the Senate quickly and without public opposition. See, stories titled "Obama Nominates Raymond Chen for Federal Circuit" in TLJ Daily E-Mail Alert No. 2,522, February 8, 2013, and "Senate Judiciary Committee Approves Chen for Federal Circuit" in TLJ Daily E-Mail Alert No. 2,562, May 15, 2013.

Todd Hughes, who has also been nominated for the Federal Circuit, has not yet been approved by the SJC. His hearing was on June 19. Hence, he is not yet on the Senate calendar.

Both Patricia Smith and Elaine Kaplan, who have been nominated for seats on the U.S. Court of Federal Claims, are pending on the Senate calendar.

Valerie Caproni and Vernon Broderick, both of whom have been nominated for seats on the U.S. District Court (SDNY), are moving expeditiously through the Senate. The SJC held a hearing on both on May 23. The SJC approved both on June 13.

This short list provides no support for Democrats' contention that Republicans are now improperly delaying or filibustering judicial nominees.

However, Senate Republicans may now be allowing most judicial nominees to be approved expeditiously because they anticipate a huge battle over the three nominees to the U.S. Court of Appeals (DCCir), and over the Senate's filibuster rules.

President Obama nominated Patricia Ann Millett, Cornelia Pillard, and Robert Wilkins on June 4. See, stories titled "Obama Launches Effort to Pack the DC Circuit" in TLJ Daily E-Mail Alert No. 2,571 June 4, 2013, and "Senators Move Closer to Conflict Over Obama's Plan to Pack the DC Circuit" in TLJ Daily E-Mail Alert No. 2,580 June 19, 2013.

The first hearing has been scheduled on July 10 for Millett.

Republican strategy may be to allow quick approval of all but these three, in order to be able to rebut accusations that they are broadly blocking Democratic nominees and leaving the courts under judged.

Caproni, under other circumstances, might have been a lightening rod for opposition and criticism from Republicans and Democrats alike. But, Democrats will not oppose a nominee who has been recommended to the President by a Democratic Senator, and nominated by a Democratic President. And, Republicans may be saving their fight for the President Obama's court packing plan. See also, story titled "Obama Nominates Caproni to District Court" in TLJ Daily E-Mail Alert No. 2,474, November 19, 2012.

More Judicial Appointments

6/27. President Obama nominated Pedro Hernández to be a Judge of the U.S. District Court for the District of Puerto Rico. See, White House news office release and release.

6/27. President Obama nominated Bruce Hendricks to be a Judge of the U.S. District Court for for the District of South Carolina. See, White House news office release and release.

6/27. President Obama nominated Alison Renee Lee to be a Judge of the U.S. District Court for for the District of South Carolina. See, White House news office release and release.

6/20. President Obama nominated Jennifer Parker to be a Judge of the U.S. District Court for the Eastern District of North Carolina. See, White House news office release and release. She has worked in the Office of the U.S. Attorney for the Eastern District of North Carolina since 1999.

Obama Nominates McSweeny for FTC Commissioner

6/24. President Obama nominated Terrell McSweeny to be a Commissioner of the Federal Trade Commissioner (FTC) for the unexpired term of seven years from September 26, 2010. See, White House news office release and release.

Terrell McSweenyMcSweeny (at right) is you and has limited experience relevant to the activities of the FTC. However, she has political experience. She has been nominated for the Democratic seat previously held by Jonathan Liebowitz.

She has briefly served as Chief Counsel for Competition Policy and Intergovernmental Relations at the Department of Justice's (DOJ) Antitrust Division. After the election of President Obama in 2008, she held the positions of Deputy Assistant to the President, and Domestic Policy Advisor to the Vice President.

During the 2008 election cycle, she worked for the Obama Biden campaign. Before that, she worked on then Sen. Joe Biden's (D-DE) Senate Judiciary Committee (SJC) staff. During the 2004 presidential election cycle, she worked on the campaign of Wesley Clark. During the 2000 presidential election cycle, she worked for the Gore Lieberman campaign.

She has also briefly held the positions of law clerk and associate at the law firm of O'Melveny & Myers.

She is the daughter of Bill McSweeny, a former President and Member of the Board of Directors of Occidental International Corporation, and prominent Washington philanthropist and socialite. See, 1995 White House news office release announcing his appointment to the Board of Trustees of the John F. Kennedy Center for the Performing Arts.

More People and Appointments

6/27. The Senate confirmed Brian Deese to be Deputy Director of the Executive Office of the President's Office of Management and Budget (OMB). See, Congressional Record, June 27, 2013, at Page S5511.

6/27. The Senate confirmed Anthony Foxx to be Secretary of Transportation by a vote of 100-0. See, Roll Call No. 165. See also, Congressional Record, June 27, 2013, at Page S5511.

6/27. President Obama nominated Ellen Herbst to be an Assistant Secretary of Commerce, and Chief Financial Officer at the Department of Commerce (DOC). See, White House news office release.

6/27. President Obama nominated Steve Linick to be Inspector General at the Department of State (DOS). See, White House news office release.

6/27. President Obama nominated Alejandro Mayorkas to be Deputy Secretary of Homeland Security. See, White House news office release. He is currently Director of the U.S. Citizenship and Immigration Services. Before that, he worked for the law firm of O'Melveny & Myers. Before that, he worked in the Office of the U.S. Attorney for the Central District of California, the last few years as President Clinton's U.S. Attorney.

6/26. President Obama announced his intent to re-nominate General Marty Dempsey to be Chairman of the Joint Chiefs of Staff. See, White House news office release.

6/26. President Obama announced his intent to re-nominate Admiral Sandy Winnefeld to be Vice Chairman of the Joint Chiefs of Staff. See, White House news office release.

Ed Markey6/25. Rep. Ed Markey (D-MA) (at right) won a special election to fill the Massachusetts Senate seat vacated by John Kerry, who is now Secretary of State. Markey has served in the House of Representatives since 1976. He was for a long time either the Chairman or ranking Democrat of the House Commerce Committee's (HCC) subcommittee with jurisdiction over communications and the Federal Communications Commission (FCC).

6/25. The Senate confirmed Penny Pritzger to be Secretary of Commerce by a vote of 97-1. See, Roll Call No. 161. Only Sen. Bernie Sanders (D-VT) voted no. See also, Congressional Record, June 25, 2013, at Page S5201, and story titled "President Obama Picks Democratic Fund Raiser for Secretary of Commerce" in TLJ Daily E-Mail Alert No. 2,557, May 6, 2013.

6/24. President Obama nominated Lee Goodman to be one of the six members of the Federal Election Commission (FEC) for a term expiring on April 30, 2015. See, White House news office release. and release. He has been nominated for one of the three Republican seats on the FEC. He has worked at the law firm of LeClair Ryan since 2005. His law firm biography states that he "advises clients on a broad range of policy-oriented civil matters, including federal and state election laws and First Amendment rights of political participation". Before that, he was Counsel at the law firm of Wiley Rein. Before that, he worked in several senior positions for then Governor of Virginia James Gilmore. Before that, he was an associate at Wiley Rein.

6/24. President Obama nominated Ann Ravel to be one of the six members of the Federal Election Commission (FEC) for a term expiring on April 30, 2017. See, White House news office release and release. She has been nominated for one of the three Democratic seats on the FEC. She is Chairman of the California Fair Political Practices Commission. Before that, she was Deputy Assistant Attorney General for Torts and Consumer Litigation in the Department of Justice's (DOJ) Civil Division early in the Obama administration. And before that, she worked in the Santa Clara County Counsel's Office.

6/21. President Obama nominated James Comey to be Director of the Federal Bureau of Investigation (FBI) for a ten year term. See, White House news office release. See also, story titled "Obama May Nominate Comey for FBI Director" in TLJ Daily E-Mail Alert No. 2,568, May 31, 2013. The Senate Judiciary Committee (SJC) will hold a hearing on his nomination on Tuesday, July 9 at 10:00 AM. See, notice.

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In This Issue
This issue contains the following items:
 • House Commerce Committee Makes Staff Changes
 • Obama Nominates Two for Northern District of California Judgeships
 • Pending Judicial Appointments
 • More Judicial Appointments
 • Obama Nominates McSweeny for FTC Commissioner
 • More People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Monday, July 1

The House will not meet the week of July 1 through July 5. See, House calendar for the 113th Congress, 1st Session.

The Senate will not meet the week of July 1 through July 5. See, Senate calendar for the 113th Congress, 1st Session.

Effective date of the Federal Trade Commission's (FTC) new COPPA rules. See, notice in the Federal Register, Vol. 78, No. 12, January 17, 2013, at Pages 3971-4014. See also, story titled "FTC Releases Expanded COPPA Rules" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) requesting input and data on mobile wireless competition to assist the FCC in preparing a report titled "Seventeenth Annual Report on the State of Competition in Mobile Wireless". This PN is DA 13-1139 in WT Docket No. 13-135.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petition for reconsideration of the FCC's booster order filed by Wilson Electronics and V-COMM. The FCC adopted and released that Report and Order [106 pages in PDF] on February 20, 2013. It is FCC 13-21 in WT Docket No. 10-4. See, notice in the Federal Register, Vol. 78, No. 109, June 6, 2013, at Page 34015.

Tuesday, July 2

9:30 AM. The Office of the U.S. Trade Representative (OUSTR) will hold a hearing regarding Japan's participation in the Trans Pacific Partnership (TPP) trade agreement negotiations. See, notice in the Federal Register, Vol. 78, No. 88, May 7, 2013, at Pages 26682-26684. Location: Main Hearing Room, U.S. International Trade Commission, 500 E St., SW.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law (SAL) will host a teleconferenced panel discussion titled "Antitrust in the 113th Congress". The speakers will be Anant Raut, James Burns (Dickinson Wright), Caroline Holland (General Counsel and Staff Director of the SJC's Subcommittee on Antitrust), and James Park (Counsel to Rep. Steve Cohen). Free. No CLE credits. See, notice.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the January 28, 2013 petition for reconsideration of Boeing of the FCC's rules regarding the use of earth stations aboard aircraft communicating with fixed-satellite service geostationary-orbit space stations operating in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz and 14.0-14.5 GHz Bands. See, notice in the Federal Register, Vol. 78, No. 110, June 7, 2013, at Page 34309.

Wednesday, July 3

No events listed.

Thursday, July 4

Independence Day. This is a federal holiday. See, OPM list of 2013 federal holidays.

Friday, July 5

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its June 2013 unemployment data.

Monday, July 8

The House will return from its Independence Day recess at 2:00 PM. The schedule for the week includes consideration of HR 761 [LOC | WW], the "National Strategic and Critical Minerals Production Act of 2013", a bill which pertains to U.S. extraction of rare earth materials.

The Senate will return from its Independence Day recess at 2:00 PM. It is scheduled to consider the nominations of Tony West (to be Associate Attorney General), Gregory Phillips (to be a Judge of the U.S. Court of Appeals (10thCir)), and Jennifer Dorsey (USDC/DNev).

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Eolas Technology v. Amazon.com, App. Ct. No. 2012-1632. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The Federalist Society will host an event titled "2013 Annual Supreme Court Roundup". The speakers will include Miguel Estrada (Gibson Dunn & Crutcher). Lunch will be served. Prices vary.  See, notice. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

4:30 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [5 pages in PDF] regarding improving receiver performance. This PN is DA 13-801 in ET Docket No. 13-101. The FCC released it on April 22, 2013. See also, notice in the Federal Register, Vol. 78, No. 89, May 8, 2013, at Pages 26777-26779.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding its proposals to conduct three limited "real-world trials to obtain data" regarding transitioning public switched telephone network technology to all internet protocol networks. This PN is DA 13-1016 in GN Docket No. 13-5. The FCC released it on May 10, 2013. See, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31542-31548, and FCC's May 24 Public Notice. See also, story titled "FCC Requests Comments on Possible IP Transition Trials" in TLJ Daily E-Mail Alert No. 2,561, May 14, 2013.

Deadline to submit entries to the Department of Health and Human Services' (DHHS) Substance Abuse and Mental Health Services Administration (SAMHSA) in its contest for the development of web applications, mobile apps, and other information technology based products that help prevent high risk drinking among college students. The awards are $60,000 for first place, $30,000 for second place, and $10,000 for third place. Winners will be announced on or about September 13, 2013. See, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31571-31572.

Deadline to submit comments to the Small Business Administration (SBA) regarding the SBIR/STTR Phase I to Phase II Transition Benchmarks. SBIR is the Small Business Innovation Research program. STTR is the Small Business Technology Transfer program. See, notice in the Federal Register, Vol. 78, No. 100, May 23, 2013, at Pages 30951-30952. Section 9 of the Small Business Act, which is codified at 15 U.S.C. § 638, provides for these programs. See also, the SBA's SBIR web page and STTR web page.

Tuesday, July 9

10:00 AM. The House Judiciary Committee's (HCC) Subcommittee on Regulatory Reform, Commercial and Antitrust Law will hold a hearing on HR 2122 [LOC | WW], the "Regulatory Accountability Act of 2013". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Emergency Preparedness, Response, and Communications will hold a hearing titled "Emergency MGMT 2.0: How Social Media & New Tech are Transforming Preparedness, Response, & Recovery: Part 2". See, notice. Location: Room 311, Cannon Building.

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

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of James Comey to be Director of the Federal Bureau of Investigation (FBI). Live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Open Internet Advisory Committee (OIAC) will meet. See, FCC Public Notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Cyber Espionage and the Theft of U.S. Intellectual Property and Technology". The witnesses will be __. See, notice. Location: Room 2123, Rayburn Building.

Day one of a two day event hosted by the Minority Media and Telecommunications Council (MMTC) titled "Annual Access to Capital and Telecom Policy Conference" and "Maximizing Innovation, Inclusion, and Entrepreneurship in a Digital Economy". See, notice. Location: Embassy Suites Convention Center Hotel.

1:00 - 5:00 PM. The The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host an event titled "Multistakeholder Meeting To Develop Consumer Data Privacy Code of Conduct Concerning Mobile Application Transparency". See, notice in the Federal Register, Vol. 78, No. 113, June 12, 2013, at Pages 35260-35261. Location: American Institute of Architects, 1735 New York Ave., NW.

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

3:00 PM. The House Rules Committee (HRC) will meet to adopt a rule for consideration of HR 761 [LOC | WW], the "National Strategic and Critical Minerals Production Act of 2013", a bill which pertains to U.S. extraction of rare earth materials.

Wednesday, July 10

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Patricia Ann Millett (to be a Judge of the U.S. Court of Appeals (DCCir)), Gregory Woods (USDC/SDNY), Elizabeth Wolford (USDC/WDNY), Debra Brown (USDC/NDMiss). Live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cooper Notification v. Twitter, App. Ct. No. 2012-1615. Panel D. Location: Courtroom 201, 717 Madison Place, NW.

11:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science and Related Agencies will meet to mark up the FY 2014 Appropriations Bill. See, notice. Location: Room H-140, Capitol Building.

Day two of a two day event hosted by the Minority Media and Telecommunications Council (MMTC) titled "Annual Access to Capital and Telecom Policy Conference" and "Maximizing Innovation, Inclusion, and Entrepreneurship in a Digital Economy". See, notice. Location: Embassy Suites Convention Center Hotel.

TIME? The Federal Communications Commission (FCC) will hold an event titled "workshop" regarding phone billing rates in prisons. The FCC adopted a Notice of Proposed Rulemaking (NPRM) on this matter on December 24, 2012, which it released on December 28. It is FCC 12-167 in WC Docket No. 12-375. See, FCC Public Notice (DA 13-1375). Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

12:00 NOON. Deadline to submit written comments to the President's Council of Advisors on Science and Technology (PCAST) in advance of its July 18 meeting. See, notice in the Federal Register, Vol. 78, No. 114, June 13, 2013, Pages 35617-35618.

Thursday, July 11

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

9:00 AM - 4:30 PM. The Federal Communications Commission's (FCC) Office of Communications Business Opportunities (OCBO) will host an event titled "Access to Capital Conference and Workshop". See, notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The House Judiciary Committee's (HCC) Subcommittee on Regulatory Reform, Commercial and Antitrust Law will hold a hearing on HR __, a yet to be introduced bill titled the "Responsibly And Professionally Invigorating Development Act of 2013". The witnesses will be __. See, notice. See also, HR 4377 [LOC | WW], the predecessor bill in the 112th Congress, and story titled "House Judiciary Committee Approves RAPID Act" in TLJ Daily E-Mail Alert No. 2,393, June 8, 2012. Location: Room 2141, Rayburn Building.

? 10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. See, notice. Location: Room 226, 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.

Friday, July 12

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Notice of Proposed Rulemaking (2ndNPRM) regarding its "2000 Biennial Regulatory Review Separate Affiliate Requirements of Section 64.1903 of the Commission's Rules". The FCC adopted this NPRM on May 10, 2013 as part of its larger item [127 pages in PDF] that granted forbearance from numerous unnecessary regulatory requirements on phone companies. The FCC released this item on May 17. It is FCC 13-69 in CC Docket No. 00-175. See, notice in the Federal Register, Vol. 78, No. 113, June 12, 2013, at Pages 35191-35195.