2/10. The Copyright Office (CO) published a notice in the Federal Register that announces that it seeks another round of public comments regarding orphan works and mass digitization, and will hold another public hearing.

The deadline to submit comments is April 14, 2014. The hearing will be held in Washington DC on March 10-11, 2014. See, FR, Vol. 79, No. 27, February 10, 2014, at Pages 7706-7711.

The CO initiated its last round of comments and hearings in 2012. See, story titled "Copyright Office Issues Notice of Inquiry on Orphan Works" in TLJ Daily E-Mail Alert No. 2,468, November 2, 2012.

On this matter the CO largely acts as an agent of the Congress, and especially the two judiciary committees. This notice discloses that if the Congress is to consider legislation, that process would likely not occur at least until the commencement of the 114th Congress in January of 2015.

1/28. Rep. Alan Grayson (D-FL) introduced numerous bills to provide extensions for expiring tax provisions. One of these bills is HR 3945 [LOC | WW], an untitled bill that would extend for one year the research and development tax credit, which is codified at 26 U.S.C. § 41.

This credit expired on December 31, 2013. This bill would extend it through December 31, 2014. This bill was referred to the House Ways and Means Committee. Rep. Grayson is not a member.

At the end of the 112th Congress, the Congress passed and President Obama signed HR 8 [LOC | WW], the "American Taxpayer Relief Act of 2013". Section 301 of that bill modified and extended the R&D tax credit through December 31, 2013. See, story titled "R&D Tax Credit Extended" in TLJ Daily E-Mail Alert No. 2,504, January 7, 2013.

There are numerous proposals for amending, and making permanent, this tax credit. See, story titled "R&D Tax Credit Bills Introduced" and related stories in TLJ Daily E-Mail Alert No. 2,521, February 7, 2013.

This credit was first enacted in 1981 as a temporary measure. Since then the Congress has repeatedly extended it for one or a few years. The Congress has frequently allowed it to expire. Extensions have always been retroactive, with the exception of one year 15 years ago.

2/11. The House passed HR 3448 [LOC | WW], the "Small Cap Liquidity Reform Act of 2013", by a vote of 412-4. See, Roll Call No. 62.

This bill is sponsored by Rep. Sean Duffy (R-WI) and Rep. John Carney (D-DE). It is one of a series of bills reported by the House Financial Services Committee (HFSC) that take small steps towards making it easier for small, or not so small, publicly traded companies to raise capital, particularly in the tech sector.

It would amend the Securities Exchange Act of 1934 to create a pilot program to allow certain "emerging growth companies", or EGCs, to increase the tick sizes of their stocks.

The Jumpstart Our Business Startups Act, or JOBS Act, which was enacted by the 112th Congress in 2012, defines emerging growth company (EGC) as one with less that $1 Billion in annual revenue. This bill defines EMG for the purpose of this bill as a company with less that $750 Million in annual revenue.

The underlying rationale for this bill is that the move to decimal pricing and penny tick sizes has reduced liquidity in publicly traded small-cap stocks, thereby hindering these companies, and disincentivizing other small companies from accessing the capital markets through initial public offerings.

This bill would amend 15 U.S.C. § 78k-1(c)(6) to create a five year program that allows the price of securities issued by smaller companies to change in increments of 5 or 10 cents, rather than the penny increments.

On January 29, 2014 the National Venture Capital Association (NVCA) sent a letter to the Securities and Exchange Commission (SEC) in support of "a pilot program for small-cap public companies to trade at wider spreads and limited increments".

2/11. The House Financial Services Committee held a hearing titled "Monetary Policy and the State of the Economy". The main witness was Janet Yellen, the new Chairman of the Federal Reserve Board (FRB). See, Monetary Policy Report [58 pages in PDF], and prepared testimony [7 pages in PDF]. The FRB report states that the economic recovery is continuing, the financial system continues to strengthen, and the labor market continues to improve.

Neither the FRB report, nor Yellen's prepared testimony, provide any information regarding the state of information or communications technology sectors, or their impact on the overall economy. However, one witness stressed the importance of internet access and online banking.

Abby McCloskey (American Enterprise Institute) wrote in her prepared testimony that the "new rules from the Dodd-Frank Act are having a regressive impact, making it more difficult for low income consumers to access mainstream banking. Access to safe savings and affordable credit is vital for economic opportunity."

Moreover, she wrote, banks are consolidating, and reducing the number of branches. "This consolidation disproportionately impacts low-income consumers for whom convenience is a major barrier to banking. Low-income individuals may live in rural areas where only a community bank existed before and may be unlikely to have reliable access to the Internet to engage in online banking."

In contrast to the FRB's glossy descriptions and predictions, John Taylor (Stanford University) wrote in his prepared testimony that "the U.S. economy continues to underperform" and that "Job growth has been too slow to raise employment relative the population, leaving the employment-to-population ratio below the recession low. While the unemployment rate has declined recently, much of the decline is due to an unusually large number of people dropping out of the labor force because of the weak recovery."

See also, prepared testimony of Mark Calabria (Cato Institute) and prepared testimony of Donald Kohn (Brookings Institution).

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Notices & Disclaimers
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The House will not meet.

The Senate will meet at 9:30 AM.

9:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "The Secretary’s Vision for the Future -- Challenges and Priorities". The witness will be Secretary of Homeland Security Jeh Johnson. See, notice. Location: Room 311, Cannon Building.

9:00 - 10:30 AM. The Information Technology & Innovation Foundation (ITIF) will host a panel discussion titled "The Value of Brands and Reputation in the Global Marketplace". The speakers will include Robert Atkinson (ITIF), Carsten Fink (WIPO) and Sanal Mazvancheryl (American University). Free. Open to the public. See, notice. Location: ITIF/ITIC, Room 610A, 1101 K St., NW.

9:00 AM - 1:00 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "U.S.-Japan Development Summit". See, notice. Location: CSIS, 1616 Rhode Island Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The Report of the Privacy and Civil Liberties Oversight Board on Reforms to the Section 215 Telephone Records Program and the Foreign Intelligence Surveillance Court". The witnesses will be David Medine, Patricia Wald, Rachel Brand, James Dempsey, and Elisebeth Cook. Webcast. See, notice. Location: Room 226, Dirksen Building.

12:15 - 1:30 PM. The DC Bar Association's Media Law Committee will host an event titled "Media Law Committee Brown Bag Lunch Series". The speakers will be Jim McLaughlin (Washington Post) and Ashley Messenger (NPR). Free. No CLE credits. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: Washington Post, 1150 17th St., NW.

12:30 - 2:30 PM. The American Bar Association (ABA) will host an event titled "Intellectual Property Rights Center Tour and Briefing". The speakers will be Peter Quinter (Gray Robinson), Scott Ballman (Technical Expert, Intellectual Property Rights Center), and Joseph Macias (Deputy Director, IPPC). Prices vary. No CLE credits. Bring your own lunch. See, notice. Location: DHS/IPRC, 2451 Crystal Drive, Arlington, VA.

The House will not meet.

LOCATION CHANGE. 8:00 AM - 6:00 PM. The George Mason University law school's Law and Economics Center (LEC) will host an event titled "100 Years of Competition Policy at the FTC" and "17th Annual Law Review Symposium on Antitrust Law". Webcast. See, notice. For more information, call Jeff Smith at jsmithq at gmu dot edu or 703-993-8382. Location: GMU law school, 3301 Fairfax Drive, Arlington, VA. Le Méridien Hotel in Rosslyn, 1121 19th Street North, Arlington, VA.

CANCELLED. 9:00 - 11:00 AM. Georgetown University's (GU) Center for Business and Public Policy will host an event titled "The Evolution of Communications Policy: Fresh Thinking for 2014 and Beyond". Breakfast will be served. Location: National Press Club, 529 14th St., NW. See, notice of cancellation.

? 9:30 AM. The U.S. International Trade Commission (USITC) will hold a public hearing regarding preparation of a report for Congressional committees regarding India's industrial policies that create barriers to U.S. imports and investment. See, notice in the Federal Register, Vol. 78, No. 172, September 5, 2013, at Pages 54677-54678. This proceeding is Investigation No. 332-543. Location: USITC, 500 E St., SW. The USITC announced that this event may be delayed until 11:00 AM, or until Friday. See, weather advisory.

CANCELLED. 10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 149 [LOC | WW], the "STOP Identity Theft Act of 2013". The agenda also again includes consideration of six nominations for the U.S. District Court (DAriz). Webcast. See, notice. Location: Room 226, Dirksen Building.

POSTPONED. 10:30 AM - 12:30 PM. The Senate Banking Committee (SBC) will hold a hearing on the Federal Reserve Board's (FRB) "Semiannual Monetary Policy Report to the Congress". The witness will be Janet Yellen (Chairman of the FRB). See, notice. Location: Room 538, Dirksen Building.

12:00 NOON EST. The Public Citizen (PC), Center for Digital Democracy (CDD), and others, will hold a teleconferenced news conference to discuss their opposition to the class action settlement in Fraley v. Facebook, U.S. District Court (NDCal), D.C. No. CV 11-01726 RS, on appeal to the U.S. Court of Appeals (9thCir).

1:00 PM. The US Telecom will host a webcast event titled "FTTH 2.0: Reinventing the Network". The speakers will be Craig Goodwin and Kurt Raaflaub. Free. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Trademark Trial and Appeal Board (TTAB) Tips: Motions for Summary Judgment". The speakers will be Michael Adlin (Administrative Trademark Judge, TTAB), Cheryl Butler (Senior Counsel for TTAB Policy and Procedure), Cheryl Goodman (Interlocutory Attorney, TTAB), and Rebeccah Gan (Young & Thompson). Prices vary. CLE credits. See, notice.

POSTPONED. 2:30 PM. The Senate Intelligence Committee (SIC) will hold a hearing on the nomination of John Carlin to be Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division. Open to the public. See, notice. Location: Room 219, Hart Building.

The House will meet at 2:00 PM in pro forma session.

8:20 - 10:30 AM. The US Telecom will host an event titled "National Cybersecurity Policy Forum" and "The National Cybersecurity Framework - Improving Critical Infrastructure: What's Next?". The speakers will be Michael Daniel (Special Assistant to the President and Cybersecurity Coordinator), Alexei Alexis (Bloomberg BNA), Jenny Menna (DHS), Samara Moore (National Security Council staff), Ari Schwartz, Adam Sedgewick (NIST), Charlie Mitchell (Inside Cybersecurity), Nadya Bartol (Utilities Telecom Council), Christopher Boyer (AT&T), Kathryn Condello (CenturyLink), Doug Johnson (American Bankers Association), Angela McKay (Microsoft). See, notice. Location: National Press Club, First Amendment Lounge,.13th floor, 529 14th St., NW.

Washington's Birthday. This is a federal holiday. See, Office of Personnel Management's (OPM) 2014 calendar of federal holidays.

The House will not meet the week of February 17-21. See, 2014 House calendar.

9:30 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONC/HIT) HIT Standards Committee will meet. See, notice in the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627-76628.

11:00 AM - 2:00 PM. The National Science Foundation's (NSF) Networking and Information Technology Research and Development (NITRD) Program's Large Scale Networking Joint Engineering Team (LSN/JET) meets the third Tuesday of each month. See, notice in the Federal Register, Vol. 78, No. 226, November 22, 2013, at Page 70076. Location: NSF, 4201 Wilson Boulevard, Arlington, VA.

12:00 - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "Deviation in Dominance: Why is Your Client a Monopolist There but not Here?". The speakers will be Patricia Brink (DOJ Antitrust Division), João Azevedo (European Commission DG Competition), Stuart Chemtob (Wilson Sonsini), and Eric Emch (Bates Whit). Prices vary. No CLE credits. See, notice.

RESCHEDULED FROM JANUARY 22. 12:30 – 1:45 PM. The Federal Communications Commission (FCC) will host a meeting at which David Simpson, the new Chief of the FCC's Public Safety and Homeland Security Bureau, will preside. Bring your own lunch. The FCBA asserts that this is an FCBA event. Location: FCC, Room 7-B516, 445 12th St., SW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "ResQNet and Beyond: Settlement-Related Discovery and Damages Evidence Recent Cases and Apple v. Samsung". The speakers will be Taylor Kirklin (Law Clerk, U.S. Court of Appeals for the 3rd Circuit) and Tejas Narechania (Postdoctoral Research Scholar, Columbia Law School). Prices vary. CLE credits. See, notice.

2:00 - 3:30 PM. The Brookings Institution (BI) will host an event titled "Social Physics: How Human Social Networks Spread Ideas". The speakers will be Darrell West (BI), Cameron Kerry (BI), Sandy Pentland (MIT), and Aneesh Chopra. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding resiliency and transparency of mobile wireless networks. This NPRM is FCC 13-125 in PS Docket No. 13-239 and PS Docket No. 11-60. The FCC adopted this NPRM on September 26, 2013, and released it on September 27, 2013. See, notice in the Federal Register, Vol. 78, No. 222, November 18, 2013, at Pages 69018-69033.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding rural call completion. The FCC adopted this item on October 28, 2013, and released it on November 8, 2013. It is FCC 13-135 in WC Docket No. 13-39. See, notice in the Federal Register, Vol. 78, No. 242, December 17, 2013, at Pages 76257-76265.

9:00 AM - 5:00 PM. Day one of a two day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 230, Airborne Weather Detection Systems Committee. See, notice in the Federal Register, Vol. 79, No. 28, February 11, 2014, at Page 8234. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM - 12:00 NOON. The Federal Trade Commission (FTC) will host a workshop titled "Mobile Device Tracking". Free. Open to the public. See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

12:30 - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a webcast panel discussion titled "The E-Books Case: Getting Everyone on the Same Page". The speakers will be Joanne Lewers (Drinker Biddle & Reath), Robert Hubbard (New York Attorney General’s Office), Eric Enson (Jones Day), and Ankur Kapoor (Constantine Cannon). See also, story titled "District Court Finds that Apple Conspired to Raise E-Book Prices" in TLJ Daily E-Mail Alert No. 2,583, July 10, 2013, and story titled "District Court Issues Final Judgment in Apple E-Books Antitrust Case" in TLJ Daily E-Mail Alert No. 2,597, September 9, 2013. Prices vary. No CLE credits. See, notice.

4:00 - 6:30 PM. The New America Foundation (NAF) will host a panel discussion titled "The Ever-Falling Cost of Surveillance: How You Can Be Tracked for Just Pennies a Day, and What It Means for The Future of Privacy". Free. Open to the public. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host an event titled "NSA Telephonic and Electronic Surveillance Reform -- Are the Programs Legal and What is Going to Change?". CLE credits. Prices vary. See, notice. Location: Location: Drinker Biddle & Reath, 1500 K St., NW.