Capital Thinking ~ March 18, 2013

General Legislative
Today, March 18, the House will meet at 12:00 pm for morning hour and 2:00 pm for legislative
business. Votes will be postponed until 6:30 pm. Legislation Considered Under Suspension of the
Rules will include: (1) H.Con.Res 18 – Authorizing the use of the Capitol Grounds for the National
Peace Officers’ Memorial Service; and (2) H.Con.Res. 19 – Authorizing the use of the Capitol
Grounds for the Greater Washington Soap Box Derby. On Tuesday, March 19, and for the
balance of the week the House will meet to consider (1) H.Con.Res __ – Establishing the budget
for the United States Government for fiscal year 2014 and setting forth appropriate budgetary
levels for fiscal years 2015 through 2023 (subject to a Rule); and (2) H.Res. 115 – Providing for the
expenses of certain committees of the House of Representatives in the One Hundred Thirteenth
Congress (Privileged Resolution). The House will also potentially consider a Motion to Concur in
the Senate Amendment to H.R. 933 – Department of Defense, Military Construction and Veterans
Affairs, and Full-Year Continuing Appropriations Act, 2013 (Subject to a Rule).

The Senate will convene today, March 18, at 2:00 pm and resume consideration of H.R. 933 – the
Continuing Appropriations Act.

Agriculture and Food
LEGISLATIVE ACTIVITY

 Immigration Reform. The “Group of 8” Senators working to draft a comprehensive immigration bill
continues to make progress but will wait until after the recess to unveil the bill. While the work period
for the bill places its unveiling in early April, those working on the bill are still confident they will be
able to come to an agreement by the end of March.

 Continuing Resolution. On Monday, the Senate will continue its work on the FY 2013 Continuing
Resolution (H.R. 933) to fund the federal government through the remainder of the fiscal year.
Although close to 100 amendments have been filed, the Senate is aiming to have an amendment
package that includes the fewest amount of amendments possible. The Senate has been working
closely with the House to pre-clear certain amendments to ensure House passage of the Continuing
Resolution when it is sent back to the House for a vote. Key agriculture-related amendments that
have been filed include:

o An amendment to remove a policy rider that would allow farmers to continue planting
genetically engineered seeds should a court block the U.S. Department of Agriculture’s
(USDA) approval of these seeds. Democratic Senators Jon Tester (MT), Patrick Leahy
(VT), Mark Begich (AK), Richard Blumenthal (CT), Barbara Boxer (CA) and Kirsten
Gillibrand (NY) sponsored the amendment.

Patton Boggs Capital Thinking Weekly Update | March 18, 2013
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o An amendment to strike a policy rider that would require the USDA to repeal existing
poultry regulations on contract fairness standards. Democratic Senators Jon Tester (MT),
Sherrod Brown (OH), Tim Johnson (SD) and Patrick Leahy (VT) sponsored the
amendment.

o An amendment that would grant heads of federal agencies the flexibility to declare
employees as “essential” in order to exempt them from furloughs. The amendment also
would transfer budgetary resources within the agencies to maintain essential employees.
Senators Roy Blunt (R-MO) and Barbara Mikulski (D-MD) sponsored the amendment.

It remains unclear whether any of these amendments will be included in the final amendment
package.

 Budget Resolutions. In the GOP budget proposal, House Budget Committee Chairman Paul Ryan
(R-WI) proposed a cost-savings of $32 billion over 10 years for the Farm Bill. House Agriculture
Chairman Frank Lucas (R-OK) has indicated that he will refer to the budget proposal as “guidance”
and may incorporate some of the recommendations, but not others. Last year, the Congressional
Budget Office (CBO) scored the House Agriculture Committee Farm Bill at a cost savings of $35
billion over 10 years. Meanwhile, in the Senate, the Democratic budget proposal calls for a cost
savings of $23 billion over 10 years, which matches last year’s CBO-scored cost-savings of the
Senate-passed bill. This year, however, CBO scored the Senate-passed Farm bill at a cost-savings of
$13 billion less, which means the Senate Agriculture leadership will need to make reforms to last
year’s Farm Bill to make up the difference in cost savings.

 Upcoming Hearings. On Monday, March 18, the Senate Judiciary Committee will hold a hearing on
“Immigration Revision and Needs of Women and Families.” On Wednesday, March 20 the Senate
Judiciary Committee will hold a hearing on a “New Immigration System.” That same day the House
Appropriations Subcommittee on Agriculture, Rural Development, and FDA will hold a hearing on
“2014 Appropriations: Agriculture, Rural, FDA.”

Contact Information

For additional insights about likely policy developments, please feel free to contact the authors of this
section: Dana Weekes at 202-457-6307 or dweekes@pattonboggs.com, and Karen Kudelko at 202-457-
5132 or kkudelko@pattonboggs.com.

Budget and Appropriations
 FY 2013 Continuing Resolution. The Senate will resume consideration of a $984 billion FY 2013
appropriations package today after failing to reach an agreement last week on which of the 100 filed
amendments would be brought up for a vote.

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As expected, Senate Appropriations Chairwoman Barbara Mikulski (D-MD) expanded the House-
approved measure (H.R. 933) to also include full-year budgets for federal departments and agencies
that fall under the jurisdiction of the Agriculture, Commerce-Justice-Science and Homeland Security
spending bills (the House bill included full-year budgets for the Departments of Defense and Veterans
Affairs, and Military Construction programs). All other departments and agencies would be funded
under a six-month Continuing Resolution (CR). While maintaining the House bill’s topline
discretionary spending cap, the Senate bill reallocates less than one percent of the funding to boost
spending primarily in the Agriculture and Transportation-Housing bills. To offset these increases, the
Interior-Environment bill is reduced by $779 million. As introduced, the Senate bill does not
incorporate widespread reprogramming language to provide agency flexibility in allocating
sequestration reductions.

Senate leaders plan to bring the bill to a vote early this week after either agreeing to the number of
amendments or invoking cloture. House appropriators are involved in the amendment negotiations in
an effort to prevent any additions to the Senate bill which would doom House approval. It remains
Congress’ intent to finalize the FY 2013 appropriations process before its scheduled two-week recess
begins on Friday. The current CR expires on March 27.

 House FY 2014 Budget Resolution. This week the House will consider its FY 2014 Budget
Resolution, The Path to Prosperity: A Responsible, Balanced Budget. The measure was introduced
by Budget Committee Chairman Paul Ryan (R-WI) and approved by the Committee on Wednesday,
March 13. The plan balances the government’s budget within 10 years by cutting $4.6 trillion over
this time period, repealing the 2010 health care law, and overhauling the tax code. The plan
especially takes aim at entitlement programs and the federal workforce, which would see a 10
percent reduction by 2015. While the proposal protects defense programs from sequestration, it
transfers those reductions to domestic programs. During the committee markup, a number of
Democratic amendments to the plan were rejected, including one from Ranking Member Chris Van
Hollen (D-MD) that would have replaced sequestration cuts with a mix of spending reductions and
revenue increases. The House is expected to approve the Resolution along a party line vote.

 Senate FY 2014 Budget Resolution. The Senate will also take up its FY 2014 Budget Resolution
this week, The Foundation for Growth: Restoring the Promise of American Opportunity. The measure
was introduced by Budget Committee Chairwoman Patty Murray (D-WA) and approved by the
Committee on Thursday, March 14 following a 12-hour markup of the bill in which Republican
proposals to reinstate pay-as-you-go and require a balanced budget by 2023 were rejected. The plan
reduces the deficit by $1.85 trillion over the next 10 years through a mix of spending cuts and new
revenues. The plan includes $975 billion in revenue, primarily by ending tax breaks for corporations
and higher income individuals and $975 billion in spending reductions achieved through cuts to health
care, defense, discretionary spending and mandatory programs. It also replaces sequestration cuts
and proposes $100 billion in stimulus spending for infrastructure and school repairs, new construction
and worker training. The Senate is expected to pass the measure, making it the first Budget
Resolution approved by the chamber in four years.

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 President’s FY 2014 Budget Proposal. The President’s FY 2014 Budget Proposal remains
scheduled for delivery to Congress on April 8.

Contact Information

section: Pam Welsh, at 202-457-6493 or pwelsh@pattonboggs.com, or Melanie Goggins at 202-457-
5649 or mgoggins@pattonboggs.com.

Cybersecurity
LEGISLATIVE BRANCH ACTIVITY

 Cybersecurity Legislation. Last week, several Congressional committees held hearings on
cybersecurity-related matters that featured numerous Administration officials. The hearings covered a
wide variety of cybersecurity topics such as Department of Homeland Security (DHS) cyber roles and
responsibilities, investigation and prosecution of cyber threats, and oversight of the U.S. Cyber
Command at the Department of Defense. All of the hearings highlighted the importance of passing
cybersecurity legislation this Congress to supplement the President’s cybersecurity Executive Order
(EO) released on February 12. House Homeland Security Committee Chairman Michael McCaul (R-
TX) stated that cybersecurity legislation is his top priority and outlined several areas which he will
likely include in a future cyber bill, including measures to codify the role of DHS in cybersecurity,
liability protections for businesses that work closely with DHS, and additional privacy measures.

 Cybersecurity Research and Development (R&D) Legislation. Last Thursday, the House Science,
Space and Technology Committee marked up and approved two cybersecurity R&D bills – H.R. 756,
the Cybersecurity Enhancement Act of 2013, and H.R. 967, Advancing America's Networking and
Information Technology Research and Development Act of 2013. The Cybersecurity Enhancement
Act previously passed the House with a vote of 395-10 in the last Congress and is expected to be
taken up on the House floor in the coming months.

 Upcoming Hearings. Several cybersecurity-related hearings are scheduled for this week, including
the following:

o On Tuesday, March 19 at 2:30 p.m., the Senate Armed Services Subcommittee on Emerging
Threats and Capabilities will receive a briefing on cybersecurity threats as it reviews the FY
2014 defense authorization request. The open portion of the briefing will feature Kevin
Mandia, CEO of Mandiant Corporation. The closed section of the briefing will include
testimony from Stephanie O'Sullivan, Principal Deputy Director of National Intelligence, and
Deputy Commander of U.S. Cyber Command Lieutenant General Jon M. Davis.

o On Wednesday, March 20, the House Homeland Security Subcommittee on Cybersecurity,
Infrastructure Protection and Security Technologies will hold a hearing titled “Cyber Threats
from China, Russia and Iran: Protecting American Critical Infrastructure." The hearing is
currently scheduled for 2:00 p.m.

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EXECUTIVE BRANCH ACTIVITY

 Senior Cyber Official at DHS Departs. DHS Deputy Undersecretary for Cybersecurity Mark
Weatherford announced that he will be leaving the Department of Homeland Security to take on a
new role in the private sector. Bruce McConnell, Senior Counselor for Cybersecurity at DHS, will
serve as the acting Deputy Secretary for Cybersecurity after Weatherford’s departure on April 12.

 International Cybersecurity Efforts. General Keith Alexander, Commander of the U.S. Cyber
Command, announced plans to establish 13 teams of computer programmers and experts that could
carry out offensive cyber attacks on foreign nations if the U.S. were to experience a major cyber
attack. This action follows a statement by National Security Adviser Tom Donilon who recently
demanded that the Chinese government cease its cyber attacks against U.S. computer networks and
agree to international cybersecurity standards and norms. President Obama has also been meeting
with CEOs of major U.S. companies to discuss efforts to improve the cybersecurity efforts of private
industries given rising concerns about cyber attacks originating in China.

Contact Information

section: Norma Krayem, 202-457-5206 or nkrayem@pattonboggs.com; or Amy Davenport, at 202-457-
6528 or adavenport@pattonboggs.com.

Defense
EXECUTIVE AND LEGISLATIVE BRANCH ACTIVITY

 Regulatory Update. The Department of Defense, together with the General Services Administration
and NASA, proposed amendments to the Federal Acquisition Regulation’s (FAR) provisions
governing small business size appeals. Among other items, the proposed amendments increase the
amount of time the Small Business Administration (SBA) has to make an initial size determination.
They also provide guidance to contracting officers in cases in which SBA does not meet the new 15-
day timeframe. The proposal requires contracting officers to consider in each case suspending
contract performance until an SBA Office of Hearings and Appeals judge makes a decision on the
size appeal. The comment period for the proposed rule, FAR Case 2012-014, Small Business
Protests and Appeals, ends May 6.

 Budget Resolution. For the first time since 2009, the Senate offered a budget resolution proposal
last Wednesday. The Senate Budget Committee approved the proposal the next day. While the
Senate proposal would avert sequester, it still maintains $240 billion in defense reductions over the
next 10 years. The House Budget Committee also passed its budget resolution proposal, which was
introduced last Tuesday by Committee Chair Paul Ryan (R-WI). Congress must agree to a budget
resolution by April 15.

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 Continuing Resolution. Last Thursday, House Intelligence Committee Chair Michael Rogers (R-MI)
and Ranking Member C.A. Dutch Ruppersberger (D-MD) announced their support for Senate
Intelligence Committee Chair Dianne Feinstein’s (D-CA) amendment to the Senate Fiscal Year (FY)
2013 Continuing Resolution that would give the Intelligence Community more flexibility on how it
would make budget reductions required under the sequester. The Senator’s amendment does not
reduce the amount of the required budget reduction but provides some latitude to the Central
Intelligence Agency (CIA) and the Defense Department intelligence agencies in how they will make
the sequester reductions. Last Thursday evening, however, the Senate was unable to reach an
agreement on which amendments should be considered during the limited time to debate. Therefore,
Senate Majority Leader Harry Reid (D-NV) said the Senate will continue action next week on the
Continuing Resolution (H.R. 933).

 This Week’s Hearings:

o Tuesday, March 19: The Senate Armed Services Committee will hold an oversight hearing on
the U.S. European Command, U.S. Northern Command, and U.S. Southern Command in
review of the Defense Authorization request for FY 2014 and beyond.

o Tuesday, March 19: The House Armed Services Subcommittee on Tactical Air and Land
Forces will hold a hearing titled “Equipping, Modernizing, and Sustaining the National Guard
and Reserve Components as an Operational Force in a time of Budget Uncertainty.”

o Wednesday, March 20: The House Armed Services Committee will hold a hearing titled “The
Posture of the U.S. Northern Command and U.S. Southern Command.”

o Thursday, March 21: The House Armed Services Subcommittee on Military Personnel will
hold an update hearing on military suicide prevention.

Contact Information

section: Stacy Swanson, at 202-457-5627 or sswanson@pattonboggs.com; Mary Beth Bosco, at 202-
457-6420 or mbbosco@pattonboggs.com; and John Sharp, at 303-894-6183 or
jsharp@pattonboggs.com.

Education

 Workforce Investment Act (WIA). The House passed (215-202) the Supporting Knowledge and
Investing in Lifelong Skills (SKILLS) Act (H.R. 803) last week. While passage occurred primarily on a
partisan basis, 14 Republicans crossed party lines to vote against the bill, and 2 Democrats voted in
favor of it. With Senate Democrats opposing the bill and the White House issuing a Statement of
Administration Policy against the measure last week, it is unlikely to see action in the Senate.
However, Republican leaders in the House are urging their Senate counterparts to put forward ideas

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so that the process to reform the nation’s workforce development system can move forward through a
compromise measure. Reauthorization of WIA is long overdue, with the last major authorization bill
passed in 1998.

 Upcoming Hearings and Events. On Tuesday, March 19, the House Appropriations Subcommittee
on Labor, Health and Human Services, and Education will hold a hearing on “Labor, HHS, Education
Management Challenges.” On Thursday, March 21, the House Energy and Commerce
Subcommittee on Commerce, Manufacturing and Trade will hold a hearing on “U.S. Manufacturing
Issues.” Also, on Friday, March 22, Center Forward will hold a panel discussion on the “Skills Gap in
the American Workforce” with Senator Joe Donnelly (D-IN), Fred Humphries of Microsoft, and Aric
Newhouse of the National Association of Manufacturers.

Contact Information

section: Amy Budner Smith, at 202-457-6154 or abudner@pattonboggs.com; and Dana Weekes, at 202-
457-6307 or dweekes@pattonboggs.com.

Energy

 Congressional Hearings. On Tuesday, a House Energy and Commerce Subcommittee will hold a
hearing on “The Role of Regulators and Grid Operators in Meeting Natural Gas and Electric
Coordination Challenges;” the House Oversight and Government Reform Committee will hold a
hearing on the Department of Energy’s LNG export strategy. On Thursday, a House Natural
Resources Subcommittee will hold an oversight and legislative hearing on mineral resources, mining
and manufacturing jobs.

REGULATORY ACTIVITY

 Uranium. The Department of Energy has issued a Draft Uranium Leasing Program Programmatic
Environmental Impact Statement, which will be open for public comment through May 16. Four public
hearings will be held in Colorado next month: in Grand Junction on April 22; in Montrose on April 23;
in Telluride on April 24; and in Naturita on April 25.

 Nuclear Waste. The Nuclear Waste Technical Review Board will meet in Richland, Washington on
April 16 to discuss the Department of Energy’s (DOE) work on vitrifying high-level radioactive waste
at the Hanford facility for ultimate storage in a deep geologic repository. The Board will also discuss
the Obama Administration’s response to a Blue Ribbon Commission’s recommendations on DOE’s
work regarding the potential direct disposal in a deep geologic repository of existing storage
containers used at commercial nuclear utility sites.

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 Offshore Wind – Virginia. The Bureau of Ocean Energy Management has determined that there is
no competitive interest for an offshore wind research lease requested by Virginia’s Department of
Mines, Minerals and Energy. The Bureau can now proceed with the research lease issuance process.

 International. The Industry Advisory Board to the International Energy Agency will next meet in Paris
on March 25 – 27, to discuss electricity security, emergency response measures and oil market
demands, among other topics.

Contact Information

For additional insights about likely policy developments, please feel free to contact the author of this
section: Tanya DeRivi, at 202-457-6504 or tderivi@pattonboggs.com.

Environment

 Mineral Resources. On Thursday, March 21, the House Committee on Natural Resources,
Subcommittee on Energy and Mineral Resources will hold an oversight hearing titled “America’s
Mineral Resources: Creating Mining and Manufacturing Jobs and Securing America.” The
Subcommittee will also hold a legislative hearing at that time on related bills, including H.R. 761, the
National Strategic and Critical Minerals Production Act of 2013.

 Public Lands. On Monday, March 14, the Senate Committee on Energy and Natural Resources will
hold a business meeting to consider 20 public lands bills that the Committee previously approved, or
that passed the full Senate in the last Congress. The meeting will consider use and activities on
federal lands including hydroelectric power, boundary modifications of national parks, permitting
efficiency pilot projects and designations of wild and scenic rivers, among others issues.

 Fisheries Management. On Tuesday, March 19, the Senate Committee on Commerce, Science, and
Transportation, Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard will hold
hearings to examine developments and opportunities in United States fisheries management.

REGULATORY ACTIVITY

 Great Lakes Advisory Board. The U.S. Environmental Protection Agency (EPA) has announced the
first ever Great Lakes Advisory Board. The advisory board, comprised of scientists, business leaders,
public servants and representatives of non-profit organizations, will serve 16 federal agencies and will
support the implementation of the Great Lakes Restoration Initiative (GRLI). The advisory board is
tasked with providing advice and recommendations to the EPA Administrator, who serves as chair of
the Federal Interagency Task Force. The Great Lakes provide more than 30 million Americans with
drinking water. In February 2009, President Obama proposed the GRLI, the largest investment in the
Great Lakes in two decades. GLRI funds are being used to accelerate cleanup work in the 29

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remaining areas of concern identified by the U.S. and Canada under the Great Lakes Water Quality
Agreement.

The first two-year appointments to the advisory board are:

o J. David Allen, Professor – University of Michigan
o Patricia Birkholz, Founder – Great Lakes Legislative Caucus
o Kathryn Buckner, President – Council of Great Lakes Industries
o Naomi Davis, President – Blacks in Green
o Molly Flanagan, Program Officer – The Joyce Foundation
o Steve Galarneau, Director – Office of the Great Lakes, Wisconsin Department of Natural
Resources
o Jennifer Hill, Field Manager – National Wildlife Federation and Healing Our Waters -
Great Lakes Coalition
o Roger Germann, Executive Vice President – John G. Shedd Aquarium
o Bill Hafs, Director of Environmental Programs – Green Bay Metropolitan Sewerage
District
o Michael Isham, Tribal Councilman – Lac Courte Oreilles Tribal Government and Chair of
the Great Lakes Indian Fish and Wildlife Commission
o Simone Lightfoot, Manager of Conservation & Sustainability – NAACP Detroit Branch
o Joy Mulinex, Director – Public Policy and Great Lakes Land Conservancy Coalition
Director – Western Reserve Land Conservancy
o Jim Ridgway, Vice President – Environmental Consulting and Technology, Inc.
o Joan Rose, Professor – Michigan State University
o Richard Stewart, Co-Director – Great Lakes Maritime Research Institute
o Matt Thompson, Environmental Resources Coordinator – Saint Regis Mohawk Tribe
o David Ullrich, Executive Director – Great Lakes and St. Lawrence Cities Initiative
o Jim Wagner, City Administrator – Trenton, Michigan.

 Wetlands and Downstream Waters. Nominations are due by March 29 for the EPA’s Science
Advisory Board (SAB), which will review the agency’s draft science synthesis report on the
connectivity of streams and wetlands to downstream waters. The SAB is a chartered Federal
Advisory Committee that provides independent scientific and technical peer review and advice to the
EPA Administrator on the technical basis for EPA actions. EPA’s Office of Research and
Development (ORD) is developing a draft report synthesizing literature pertaining to biological,
chemical and hydrologic connectivity of waters, and the effects that small streams, wetlands and
open waters have on larger downstream waters such as rivers, lakes, estuaries and oceans. ORD
has asked the SAB to conduct a peer review of the agency’s draft report.

 Energy Star Cities. EPA has released a list of U.S. metropolitan areas with the most Energy Star
certified buildings in 2012. EPA’s Energy Star certified buildings program is intended to reduce
greenhouse gas emissions and utility bills. Energy use in commercial buildings accounts for 17
percent of U.S. greenhouse gas emissions at a cost of more than $100 billion per year. For the fifth
year in a row, Los Angeles continues to be in first place, with 528 buildings; Washington, D.C., with

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462 buildings, is in second place. In third place, with 353 buildings is Chicago, and New York secured
fourth place. A complete list of the top 25 cities can be accessed at http://energystar.gov/topcities.

Contact Information

section: Sarah Vilms, at 202-457-5248 or svilms@pattonboggs.com.

Financial Services

 Senate Banking Committee to Vote on Nominations of Mary Jo White and Richard Cordray. On
Tuesday, March 19, the Senate Committee on Banking, Housing and Urban Affairs will meet to vote
on the nominations of: Mary Jo White to be a member of the Securities and Exchange Commission
(SEC); and Richard Cordray, to be Director of the Consumer Financial Protection Bureau (CFPB). Of
note, the Committee has already held a nomination hearing for Mary Jo White and Director Cordray
on Tuesday, March 12.

 Senate Banking Committee to Discuss Solutions for Housing Finance Reform. On Tuesday,
March 19, the Senate Banking Committee will hold a hearing on “Bipartisan Solutions for Housing
Finance Reform.” The witnesses participating at the hearing will be: The Honorable Mel Martinez, Co-
Chair of the Bipartisan Policy Center’s Housing Commission; The Honorable Peter Wallison, Arthur F.
Burns Fellow in Financial Policy Studies at the American Enterprise Institute; and Ms. Janneke
Ratcliffe, Senior Fellow at the Center for American Progress.

 Senate Banking Subcommittee to Examine Regulation, Consumer Protection, and Competition
in Insurance Markets. On Tuesday, March 19, the Senate Banking Subcommittee on Securities,
Insurance and Investment will hold a hearing titled “Streamlining Regulation, Improving Consumer
Protection and Increasing Competition in Insurance Markets.” The witnesses attending the hearing
will include The Honorable Monica J. Lindeen, Commissioner of Securities and Insurance of the
Montana State Auditor (on behalf of the National Association of Insurance Commissioners); Mr. Jon
A. Jensen, President of the Correll Insurance Group and Government Affairs Committee Chairman for
the Independent Insurance Agents and Brokers of America (IIABA); and Mr. Scott Trofholz, President
and CEO of the Harry A. Koch Company of Omaha in Nebraska (on behalf of the Council of
Insurance Agents and Brokers).

 House Financial Services Committee to Discuss GSE Conservatorships. On Tuesday, March
19, the House Financial Services Committee will hold a hearing titled “Sustainable Housing Finance:
An Update from the Federal Housing Finance Agency on the GSE Conservatorships.” The hearing is
part of the House Financial Services Committee’s plans to address overall housing finance reform
and its impact on the financial crisis.

 House Agriculture Committee to Markup Dodd-Frank Act Amendments. On Wednesday, March
20, the House Agriculture Committee will hold a markup of several bills intended to amend Title VII of

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the Dodd-Frank Act. These bills were discussed in last week’s hearing by the Committee on potential
legislative improvements to Title IIV and include: the Business Risk Mitigation and Price Stabilization
Act of 2013 (HR 643), the Inter-Affiliate Swap Clarification Act (HR 677), the Swap Data Repository
and Clearinghouse Indemnification Correction Act of 2013 (HR 742), the Swaps Regulatory
Improvement Act (HR 992), the Public Power Risk Management Act of 2013 (HR 1038), the Swap
Jurisdiction Certainty Act (HR __), and HR 1003, a bill to improve consideration by the Commodity
Futures Trading Commission (CFTC) of the costs and benefits of its regulations and orders.

 House Appropriations Subcommittee to Explore CFTC’s Budget. On Wednesday, March 20, the
House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies will hold a hearing on the proposed FY 2014 budget for the
CFTC, which will include consideration of whether the agency’s budget should be increased given its
regulatory workload as a result of the Dodd-Frank Act. The witnesses testifying at the hearing will be
CFTC Chairman Gary Gensler and CFTC Commissioner Scott O’Malia.

 House Financial Services Subcommittee to Examine Impact of Regulations on Small Financial
Institutions. On Wednesday, March 20, the House Financial Services Subcommittee on Financial
Institutions and Consumer Credit will hold a hearing titled “State of Community Banking: Is the
Current Regulatory Environment Adversely Affecting Community Financial Institutions?” The hearing
will examine how federal regulations affect small financial institutions and the impact of such
regulations on consumers.

Contact Information

section: Mara Giorgio, at 202-457-6522 or mgiorgio@pattonboggs.com, and Caroline Cauley at 202-457-
6625 or ccauley@pattonboggs.com.

Health Care

 House Energy and Commerce Hearings. The House Committee on Energy and Commerce
Subcommittee on Health has scheduled a hearing on Monday, March 18, on “Saving Seniors and Our
Most Vulnerable Citizens from an Entitlement Crisis.” Witnesses include James Capretta with the
Ethics and Public Policy Center, Joshua Archambault with the Pioneer Institute, and Dr. Paul Van De
Water with the Center on Budget and Policy Priorities. The Subcommittee will also hold a hearing on
Wednesday, March 20, on “Health Information Technologies: How Innovation Benefits Patients.”

 Senate Finance Hearing. The Senate Committee on Finance has scheduled a hearing on
Wednesday, March 20, on “Reforming the Delivery System: The Center on Medicare and Medicaid
Innovation.” Dr. Richard Gilfillan, Director for Medicare and Medicaid Innovation at CMS, will testify.

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 Senate HELP Hearing. The Senate Committee on Health, Education, Labor and Pensions has
scheduled an Executive Session on Wednesday, March 20, to consider S. __, Animal Drug and
Animal Generic Drug User Fee Reauthorization Act of 2013 and S. 330, HIV Organ Policy Equity Act.

REGULATORY ACTIVITY

 CMS LTC Requirements; Notice of Facility Closure Final Rule. This rule adopts, with technical
changes, the interim rule that was published on February 18, 2011. That interim rule revised the
requirements that a long-term care (LTC) facility must meet in order to qualify to participate as a
skilled nursing facility (SNF) in the Medicare program or a nursing facility (NF) in the Medicaid
program. The requirements implemented section 6113 of the Patient Protection and Affordable Care
Act to ensure that, among other things, in the case of an LTC facility closure, individuals serving as
administrators of a SNF or NF provide written notification of the impending closure and a plan for the
relocation of residents at least 60 days prior to the impending closure or, if the Secretary terminates
the facility’s participation in Medicare or Medicaid, not later than the date the Secretary determines
appropriate.

 AHRQ Releases Toolkit to Reduce Hospital Readmissions. Every year millions of patients are
readmitted to hospitals, and many of their stays could have been prevented. The Re-Engineered
Discharge (RED) Toolkit, funded by the Agency for Healthcare Research and Quality, can help
hospitals reduce readmission rates by replicating the discharge process that resulted in 30 percent
fewer hospital readmissions and emergency room visits. Developed by the Boston University Medical
Center, the newly expanded toolkit provides guidance to implement the RED for all patients, including
those with limited English proficiency and from diverse cultural backgrounds. By helping hospitals
plan and monitor the implementation of the RED process, the toolkit ensures a smooth and effective
transition from hospital to home.

OTHER HEALTH NEWS

 MedPAC March Report to Congress. The Medicare Payment Advisory Commission (MedPAC)
formally submitted its annual March report (attached) to lawmakers this morning and urged them not
to increase payment rates for a number of health care sectors. MedPAC recommends “no update” for
five fee-for-service payment systems: long-term acute care hospitals, inpatient rehabilitation facilities,
hospice programs, ambulatory surgery centers and dialysis facilities. The report calls for a 1 percent
update — or increase — for the hospital inpatient and outpatient payment systems. In the case of
skilled nursing facilities and home health agencies, the commission suggests various revisions
including rebasing. The report urges lawmakers to overhaul the Sustainable Growth Rate (SGR).
Commission leaders are scheduled to present the findings of the report at a hearing this morning by
the House Ways and Means Health Subcommittee.

 GAO Report on Additional Data on TMAP. The Government Accountability Office (GAO) released
a report on Additional Enrollment and Expenditure Data for the Transitional Medical Assistance
Program. This report adds to GAO’s findings included in its December 2012 report to Congress that
provided more information to inform deliberations on TMAP reauthorization. After GAO completed
the analysis for the December 2012 report, four states that had responded to GAO’s survey provided

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additional information. Specifically, two states (Virginia and Washington) provided TMA enrollment
data, and four states (Arkansas, North Dakota, Virginia, and Washington) provided TMA expenditure
data. Congress asked GAO to update the survey results to include these data. With these states
included, TMA enrollment in 2011 totaled more than 3.7 million in the 43 states that provided
enrollment data, and TMA expenditures in 2011 totaled about $4.1 billion in the 36 states that
provided expenditure data, which is about $241 million higher than what we originally reported.

 MACPAC March Report to Congress. Today the Medicaid and CHIP Payment and Access
Commission (MACPAC) released its March 2013 Report to the Congress on Medicaid and
CHIP. This MACPAC report provides information on and analyses of four key issues as well as state-
specific Medicaid and CHIP data and program information: Medicaid and CHIP interactions with
exchange coverage related to eligibility; service use and spending patterns for persons dually eligible
for Medicare and Medicaid; state Medicaid policies for payment of Medicare premiums and cost
sharing; and Medicaid rate setting for integrated managed care plans serving dual eligibles.

Contact Information

section: Eugenia Edwards, at 202-457-5622 or eedwards@pattonboggs.com.

Homeland Security
 Impact of Sequestration. While the House passed a Continuing Resolution (H.R. 933) that only
included new appropriations for the Department of Defense and Veterans Affairs, the Senate’s FY 13
Continuing Resolution (CR) includes a full year appropriations bill for the U.S. Department of
Homeland Security (DHS). Overall discretionary spending for DHS for FY 2013 would remain steady
at $39.609 billion. This amount includes an across the board reduction of 0.092 percent and
prioritizes cybersecurity, border security, immigration reform and maritime and aviation security. The
House and Senate plan to reconcile their bills and vote on a final plan by the end of this week, before
the current Continuing Resolution expires on March 27, and lawmakers return to their districts for
Easter Recess.

 TSA Small Knives Rule. Transportation Security Administrator John Pistole spent the week
defending Transportation Security Administration’s (TSA) new rule – effective April 2013 – allowing
airline passengers to carry on certain pocket knives and sporting equipment, arguing that those
objects don’t present the kind of threat that TSA was created to address and are in line with
International Civil Aviation Association standards. In a Thursday hearing, House Homeland Security
Subcommittee on Transportation Security Chairman Richard Hudson (R-NC) supported the new
policy, calling it a balance of security and efficiency, but a number of Democrats expressed concerns.
This issue is brought into starker focus by concerns about furloughing TSA workers due to
sequestration, but DHS Secretary Napolitano announced this week that such furloughs could be
avoided.

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 Immigration and Border Security. DHS Secretary Napolitano spent the week testifying on the Hill
and talking through the Obama Administration’s perspective on comprehensive immigration reform.
The Hill has made it clear to DHS that tighter border security is a prerequisite within whatever
program they draft for comprehensive immigration reform. The Senate Appropriations Committee’s
DHS funding bill counters DHS’s planned sequestration cuts by mandating Border Patrol staffing
levels. The House postponed a related hearing on Customs and Border Protection’s budget and
management until a future date. The bipartisan “Gang of 8” Senators working to draft a
comprehensive immigration reform bill plan to include strong border patrol protections and expect to
introduce their bill as soon as the second week of April.

 Upcoming Hearings. Several homeland security-related hearings are expected in the coming weeks,
including the following:

o Senate Committee on Homeland Security and Governmental Affairs: The full committee will
hold a hearing titled “Hurricane Sandy: Getting the Recovery Right and the Value of
Mitigation” on March 20 at 10:00 a.m. The full committee will hold another hearing titled “The
Department of Homeland Security at 10 Years: A Progress Report on Management” on
March 21 at 10:00 a.m.

o House Committee on Homeland Security: The Subcommittee on Emergency Preparedness,
Response, and Communications will hold a hearing titled “Homeland Security Grants:
Measuring Our Investments” on March 19 at 10:00 a.m. The Subcommittee on Border and
Maritime Security will hold a hearing titled “Measuring Outcomes to Understand the State of
Border Security” on March 20 at 10:00 a.m. The Subcommittee on Oversight and
Management Efficiency will hold a hearing titled “DHS Information Technology: How
Effectively Has DHS Harnessed IT to Secure Our Borders and Uphold Immigration Laws?” on
March 19 at 2:00 p.m.

Contact Information

section: Alexis Early, at 202-457-5105 or aearly@pattonboggs.com; and Norma Krayem, at 202-457-
5206 or nkrayem@pattonboggs.com.

International
EXECUTIVE AND LEGISLATIVE BRANCH ACTIVITY

 White House Visit and Presidential Trip Abroad. Before departing for the Middle East, President
Obama will welcome Prime Minister (Taoiseach) Enda Kenny of Ireland to the White House on
Tuesday. The President will also greet Northern Ireland First Minister Peter Robinson and Deputy
First Minister Martin McGuinness the same day. On Wednesday, President Obama will travel to
Israel, the West Bank and Jordan. Secretary of State John Kerry will join the President on this trip.

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 Syria. Last week marked the second anniversary of the uprising in Syria. Since March 15, 2011, it is
estimated that over 70,000 people have been killed, and over one million people have fled the
country. Last Friday in Brussels, France and the United Kingdom worked to persuade other
European Union states to lift an arms embargo on Syria. The U.S. Administration maintains it will
continue to provide non-lethal assistance to the Syrian Opposition Coalition (SOC).

 Vatican City. Last week, President Obama, Vice President Biden and Secretary Kerry congratulated
His Holiness Pope Francis on his election as the Bishop of Rome and leader of the Catholic Church.
President Obama particularly noted Pope Francis is “the first pope from the Americas” and his
selection “speaks to the strength and vitality of the region.” Vice President Biden is scheduled to
travel to Rome to attend Pope Francis’ Inaugural Mass.

 Asia-Pacific Region. In an address to the Asia Society in New York City last Monday, National
Security Advisor (NSA) Tom Donilon spoke about the rebalance toward Asia, strengthening regional
alliances, and North Korea’s provocations. NSA Donilon addressed North Korea’s recent “highly
provocative statements,” and reaffirmed that “the United States is committed to the defense of our
homeland and our allies.” He also announced the U.S. Treasury Department imposed sanctions that
day against the Foreign Trade Bank of North Korea, the country’s primary foreign exchange bank.
Last Friday, Secretary of Defense Chuck Hagel said the Pentagon would procure 14 new antimissile
interceptors to be deployed in Alaska to combat the potential intercontinental ballistic missile (ICBM)
threat from North Korea.

Last week, the State Department announced Secretary Kerry will travel to London (April 10-11) to
attend the G-8 meetings. The Secretary will then travel to the Republic of Korea, Japan, and China.
During his trip to Seoul, Tokyo and Beijing, Secretary Kerry is expected to meet with his counterparts
to discuss bilateral, multilateral and regional issues, as well as economic cooperation and the
environment. The State Department also announced a second impending trip for June, where the
Secretary will participate in the ASEAN Regional Forum chaired by Brunei, and will “visit other
Southeast Asian partners.”

Trade. The 16 round of the Trans-Pacific Partnership (TPP) negotiations concluded last
th

Wednesday. The Office of the U.S. Trade Representative noted the chapters on customs,
telecommunications, regulatory coherence and development are nearly finished, except for key
political decisions that will be made later. In mid-April, the TPP trade ministers are scheduled to meet
on the margins of an Asia-Pacific Economic Cooperation (APEC) meeting. The TPP negotiators will
th
next meet in Peru in May for the 17 formal round of negotiations. Under the current schedule, there
will then be one more round in September before the APEC Summit in October. However, there is
speculation an additional round of talks may be inserted, possibly in July, to facilitate more progress
before the October Summit.

After Japan formally expressed interest in joining the TPP last Friday, House Ways and Means Chair
Dave Camp (R-MI) cautiously welcomed the development, saying: “I remain concerned that Japan
has not yet provided adequate assurances that it is fully committed to resolving the outstanding
barriers to trade between the United States and Japan, especially as it relates to our auto exports and
insurance, which is essential to receiving my support for Japan to join the negotiations. Once we get

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this commitment from Japan, I look forward to continuing consultations with the Administration with
respect to Japan’s participation in the negotiation of a comprehensive and ambitious agreement that
addresses tariff and non-tariff barriers in all areas, including agriculture.”

 Continuing Resolution. Last week, the State Department welcomed the respective House and
Senate efforts to include language in the Fiscal Year (FY) 2013 Continuing Resolution to ensure
adequate funding and flexibility for Diplomatic Security. The funds were requested by the Department
to support implementation of the recommendations made by the Benghazi Accountability Review
Board. Both bills provide $1.4 billion for increased security proposal requirements, with $1.3 billion
designated for construction and upgrades to U.S. Embassy facilities and $158 million for personnel
and equipment upgrades to Diplomatic Security. The Senate bill also grants the State Department
the authority to transfer Overseas Contingency Operation funds to Diplomatic Security. Last
Thursday evening, the Senate was unable to reach an agreement on which amendments should be
considered during the limited time to debate. Therefore, Senate Majority Leader Harry Reid (D-NV)
said the Senate will continue action next week on the Continuing Resolution (H.R. 933).

Senators Johnny Isakson (R-GA) and Jeanne Shaheen (D-NH) introduced a bill (S. 554) last week
that would move Congress to a biennial budgeting and appropriations cycle. In February,
Congressman Joe Wilson (R-NC) introduced a similar bill (H.R. 738) in the House with five
Republican co-sponsors. Last Thursday, Senate Majority Leader Reid said he is open to exploring a
two-year budget cycle, possibly as an amendment to the Continuing Resolution.

 Venezuela. The presidential election in Venezuela is slated to be held April 14. While campaigning is
not supposed to begin until 12 days before the election, many expect this rule will be ignored. Interim
President Nicolas Maduro is the frontrunner and widely anticipated to be elected as the next
President of Venezuela. The leading opposition candidate, Henrique Capriles Radonski, previously
challenged former President Hugo Chávez in the October 2012 presidential election and lost by 11
percentage points.

 Cabinet Turnover and Nominations. Effective last Thursday, U.S. Trade Representative Ron Kirk
resigned. The next day, Deputy U.S. Trade Representative Demetrios Marantis assumed the post of
Acting U.S. Trade Representative. Last week, President Obama announced the following
nominations: Deborah Jones to be U.S. Ambassador to Libya and James Knight to be Ambassador to
Chad.

 This Week’s Hearings:

o Tuesday, March 19: The Senate Foreign Relations Subcommittee on Near Eastern Affairs
will hold a hearing on Syria’s Humanitarian Crisis. Assistant Secretary of State for Population,
Refugees, and Migration Anne Richard, and Assistant Administrator of USAID for
Democracy, Conflict and Humanitarian Assistance Nancy Lindborg are scheduled to testify.

o Tuesday, March 19: The House Foreign Affairs Subcommittee on the Middle East and North
Africa will hold the first joint hearing to examine The Way Forward in Afghanistan and
Pakistan after the Withdrawal. The Administration is not scheduled to testify.

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o Wednesday, March 20: The Senate Foreign Relations Committee will hold a hearing on
Counterterrorism Policies and Priorities and Addressing the Evolving Threat. The
Administration is not scheduled to testify.

o Wednesday, March 20: The House Foreign Affairs Committee will hold a hearing on The
U.S. Response to the Crisis in Syria. U.S. Ambassador to Syria Robert Ford, Assistant
Secretary of State for Population, Refugees, and Migration Anne Richard, and Assistant
Administrator of USAID for Democracy, Conflict and Humanitarian Assistance Nancy
Lindborg are scheduled to testify.

o Wednesday, March 20: The House Appropriations Subcommittee on State, Foreign
Operations, and Related Programs will hold a Public and Outside Witness Hearing. The
Administration is not scheduled to testify.

o Thursday, March 21: The Senate Foreign Relations Subcommittee on East Asia and Pacific
Affairs will hold a hearing on the What the Rebalance to Asia Means for Democracy, Good
Governance and Human Rights. Scheduled to testify from the State Department are Deputy
Assistant Secretary for Democracy, Human Rights and Labor Daniel Baer and Acting
Assistant Secretary for East Asian and Pacific Affairs Joseph Yun.

Contact Information

section: Stacy Swanson, at 202-457-5627 or sswanson@pattonboggs.com.

Transportation and Infrastructure
 FY 2013 Funding. Votes in the Senate are expected next week on a Continuing Resolution (CR) for
the remainder of FY 2013 that makes significant changes to transportation programs from the version
the House of Representatives passed on March 6. Unlike the House bill, the Senate bill funds the
surface transportation program at the levels authorized in MAP-21, increasing the obligation limitation
by $555 million for highways and $117 million for transit to conform to the level of contract authority
provided in MAP-21. The Senate CR also contains a number of “anomalies” or fixes to carry-over
language from FY 2012 that were not addressed in the House bill, including removing problematic
language from the New Starts/Small Starts appropriation and providing the Federal Transit
Administration (FTA) with a clean $1.85 billion to allocate among projects. Nonetheless, this post-
sequester funding level is substantially below the project funding recommendations included in the
President’s FY 2013 budget – and the $1.93 billion in existing Full Funding Grant Agreement (FFGA)
commitments to New Starts projects. Additional anomalies in the Senate bill not included in the
House legislation include aligning National Highway Transportation Safety Administration (NHTSA)
safety grants with the funding and program structure established in MAP-21; providing funding for the
new FTA Transit Safety office established in MAP-21; and making technical changes to the
appropriations language for the FTA Research program to align it with changes in MAP-21. As debate
continues in the Senate, the primary transportation related issue is expected to be an amendment by

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Senator Jerry Moran (R-KS) to restore funding for FAA’s Contract Tower program (by shifting funding
from other accounts) to keep air traffic control towers open at small and rural airports that would
otherwise face closures because of the sequester.

 TIGER Funding. Both the House and Senate CRs continue funding for the TIGER discretionary grant
program for FY 2013. The TIGER program received $500 million in FY 2012 and would be funded at
$475 million in FY 2013 post-sequestration. Once full year appropriations are finalized, USDOT can
be expected to move forward quickly in issuing a Notice of Funding Availability (NOFA).

 House and Senate Budgets. The House and Senate released dueling budget blueprints this week,
offering not only dramatically different fiscal approaches for the country, but for transportation finance
as well. The House Budget architected by House Budget Committee Chairman Paul Ryan (R-WI),
which will see floor action next week, again limits Highway Trust Fund expenditures to revenues
coming into the Highway Trust Fund, and does not establish a “reserve fund” that would allow other
committees of jurisdiction to raise revenue and permit that to offset increased transportation spending
(as occurred with MAP-21). The result would be a substantial contraction in Highway Trust Fund
budget authority in FY 2015 after the expiration of MAP-21. The Senate Budget architected by Senate
Budget Committee Chairwoman Patty Murray (D-WA), which will also see floor action next week,
holds mandatory transportation funding (i.e. Trust Fund spending) slightly below current levels over
the next 10 years, though it (1) establishes a “deficit neutral reserve fund for investments in America’s
infrastructure” to allow for increased revenue to offset increased spending; and (2) following the
President’s State of the Union proposal, calls for $50 billion in immediate transportation investment in
FY 2013 and $10 billion to fund a National Infrastructure Bank. The Senate Budget also allows for the
expansion of tax-credit bond programs along the lines of Transportation and Regional Infrastructure
Bonds (TRIPS) and similar to tax-credit Build America Bonds, while highlighting the Congressional
Budget Office’s finding that tax-credit bonds offer a more efficient subsidy than traditional tax
exemptions. Overall, the Senate budget calls for $100 billion in new infrastructure spending (including
broadband, energy and water infrastructure), to be offset by “closing tax loopholes.” Most importantly,
both budgets are primarily statements of policy and political priorities, and should not be taken as
legislative blueprints with any meaningful chance of enactment in their current forms. That being said,
neither budget portends good news for discretionary transportation spending (i.e. transportation
spending from the General Fund), with even the Senate budget holding 10-year discretionary
spending essentially at current levels. This means in particular that substantial revenue or spending
offsets would have to be found for the High Speed Rail Program to be funded again in the future (it
was not funded in FY 2012), and will also continue to apply pressure to the New Starts program.

 FY2014 T/HUD Appropriations Hearings. The House Appropriations Subcommittee on
Transportation, Housing and Urban Development, and Related Agencies (T/HUD) is scheduled to
hold a series of hearings on proposed FY2014 appropriations for agencies, programs, and activities
under its jurisdiction. FTA Administrator Peter Rogoff is scheduled to testify before the Subcommittee
st
on March 21 – before the Administration releases its budget proposal for the next fiscal year. A
th
hearing with FAA Administrator Michael Huerta was originally scheduled for March 20 but is now
postponed.

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 MAP-21 Implementation Hearing. On Thursday, March 14, the House Transportation and
Infrastructure Subcommittee on Highways and Transit held a hearing titled “MAP-21: Progress Report
from U.S. DOT Modal Administrators.” Four Department of Transportation (DOT) modal
administrators testified: Victor Mendez, Administrator of the Federal Highway Administration; Peter
Rogoff, Administrator of the Federal Transit Administration; Anne Ferro, Administrator of the Federal
Motor Carrier Safety Administration; and David Strickland, Administrator of the National Highway
Traffic Safety Administration. Administrators Rogoff and Mendez largely focused their testimony on
the funding challenges that DOT is facing due to sequestration, the CR and highway trust fund
insolvency. Subcommittee Members requested information on the implications of the agencies’
funding challenges, to which Rogoff and Mendez highlighted the potential for unfunded projects
(including New Starts projects) and slow or delayed payments to funding recipients. As a result of the
hearing, Administrator Rogoff will be providing Congress with a list of projects that would lose funding
because of the sequester and the House-passed CR.

 WRDA Reauthorization. On Wednesday, March 20, the Senate Environment and Public Works
Committee (EPW) will hold a hearing on new draft Water Resources and Development Act (WRDA)
legislation developed by EPW Chairman Barbara Boxer (D-CA) and Ranking Member David Vitter (R-
LA). The bi-partisan product is widely seen as signaling the strong momentum behind WRDA
legislation. The draft is expected to make substantial reforms to the Army Corps of Engineers process
and to address the utilization of funds from the Harbor Maintenance Trust Fund (HMTF), which
historically has seen Congress release only a fraction of its collections to be expended on harbor
maintenance. House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) also
continues to view WRDA as a top priority for the Transportation and Infrastructure Committee. The
Chairman has said that he and his staff are meeting with stakeholders and working towards draft
legislation, but will not be releasing anything or moving forward before the EPW.

Contact Information

section: Jessica Monahan at 202-457-6302 or jmonahan@pattonboggs.com and Jared Fleisher at 202-
457-6341 or jfleisher@pattonboggs.com.

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Capital Thinking ~ March 18, 2013

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