Window On Washington - Vol. 3, Issue 26

Clark Hill PLC

Outlook for This Week in the Nation's Capital

Congress. The House and Senate have one week of legislative work remaining before they break for the Fourth of July recess period, and it looks to be quite busy. In the Senate, the Health, Education, Labor and Pensions Committee (Chairman Alexander, R-TN) will markup S. 1895, the "Lower Health Care Costs Act of 2019," and the Senate Judiciary Committee will mark up four different bills concerning prescription drug pricing and innovation. In the House, work will continue on the second FY20 “appropriations minibus,” as many more amendments are awaiting debate and votes, with potential action on the remaining three appropriations bills later in the week. Foreign policy issues also remain on Congress’ radar, after Democrats in the House and Senate urged restraint from the Trump administration after reports late last week indicated that President Trump had approved a military strike on Iranian forces before calling it off at the last moment.

White House.  As the House continued to debate a large appropriations package, they also succeeded in passing a number of amendments that would block or overturn various Trump administration policies and agency actions relating to Obamacare, immigration and labor laws. Because of these issues, the White House has already threatened to veto the package, which it says spends too much money and contains troublesome policy riders. The measure would spend 8.7 percent more than Trump's request, amounting to an increase of $25.7 billion, according to a Statement of Administration Policy. It also objected to provisions that would block military funding from being used for a border wall and preclude a citizenship question on the census.

Budget & Appropriations. Last week saw the final House passage of the first 4 bill appropriations “minibus” and several days of debate and votes on hundreds of amendments to the second minibus package, which will resume on Tuesday. House Democrats also last Friday introduced a $4.5 billion emergency appropriations bill to provide humanitarian assistance for migrants at the southern border, with significant funding for priorities including legal assistance, food, water, and medical services, support services for unaccompanied children, alternatives to detention, and refugee services, but not funding for additional ICE detention facilities, physical barriers or related technologies, setting up a showdown with the Senate which has already passed a significantly different version. The House and Senate majority leaders are also now on a collision course over whether to give members of Congress a pay raise, as House Majority Leader Steny H. Hoyer, D-MD., (who supports a cost-of-living increase), said he intends to bring the fiscal 2020 Legislative Branch spending bill to the floor this week without any language that would block a pay boost, while Senator McConnell states that he would block such an increase in the Senate.

Last Week in the Nation's Capital



Odd Bedfellows Share Concerns Over Pelosi Drug Plan: Progressive Democrats are amplifying their criticism of an evolving leadership-driven plan to bring government negotiation to Medicare’s prescription drug benefit, raising some issues that echo conservative opposition. The liberal wing says a plan being developed by Speaker Nancy Pelosi of California doesn’t goes far enough in ensuring that the government would be able to negotiate lower prices than the private insurance plans that currently operate Medicare’s prescription drug benefit, Part D. (Roll Call)


Payroll Insight Is Needed in Identity Theft Fight, Report Says: Payroll professionals need to become more involved in the prevention of identity theft and tax fraud as part of a collaborative and wide-ranging effort led by the IRS, a report to Congress said June 19.

House Panel Approves Bills on Tax Extenders, Expanding Tax Credits: The House Ways and Means Committee on Thursday advanced Democratic legislation to extend expired and expiring tax breaks and to expand tax credits that benefit workers and families. (The Hill)


Homeland Committees Cyber it Up: The Senate Homeland Security Committee took up legislation last Wednesday (S. 734) that would set cybersecurity standards for internet of things devices the federal government purchases. The bill, sponsored by Sen. Mark Warner (D-VA), has previously encountered skepticism from Chairman Ron Johnson (R-WI). The House Oversight Committee last week approved a companion measure (H.R. 1668). The panel also will consider a draft bill to strengthen cybersecurity coordination between DHS and state and local governments. (Politico)


Schiff: House in the Dark about DOJ’s 2016 Campaign Spying Probe: The House Intelligence Committee has “very little visibility” into the three Justice Department investigations into the intelligence officials who launched the Russia probe, the panel’s chairman Adam Schiff said. (Politico)

Interior & Environment

House Votes to Block Offshore Drilling Across US for One Year: A spending bill passed by the House late Thursday would block offshore drilling along most U.S. shores, taking development of all of the Atlantic and Pacific coasts off the table. Passed as part of a bill funding the Department of the Interior, the measure would bar new offshore development through fiscal 2020. (The Hill)

PFAS: Congress Continues March Toward Addressing PFAS: Congressional interest in addressing Per- and Polyfluoroalkyl substances (PFAS) continues to build in 2019, as do the odds of a PFAS legislation package eventually passing both houses. Among other things, these bills share a common goal of documenting the scope and impacts of PFAS contamination in the environment. (Clark Hill Insight)

Panel Considers FAST Act Reauthorization: Now that Congress may not pass a broad infrastructure package this year, lawmakers are turning their attention to a surface transportation bill. (E&E News)



NIH Prepares to Toughen Harassment Rules: Last year, on the heels of several high-profile cases of sexual harassment in science, the National Institutes of Health (NIH) in Bethesda, Maryland, came under fire for standing by while another major U.S. research funding agency, the National Science Foundation (NSF), quickly tightened its policies. But now, NIH officials appear ready to act—and even to go beyond NSF's rules. (Science)

Labor & Workforce

U.S. Labor Chief Acosta Visits Little Rock to Push USMCA Trade Deal: Acosta made his comments before a standing-room only audience at the downtown headquarters of the Arkansas State Chamber of Commerce during a discussion on the opportunities and challenges facing the Arkansas and U.S. workforce. He spoke of the efforts to replace the former NAFTA agreement with a deal that improved labor protections for workers among other topics. (Talk Business)

Space, NASA & NOAA

GAO Recommends NASA Develop Contingency Plan for ISS Access Amid Commercial Crew Delays: The June 20 report by the GAO noted that both Boeing and SpaceX are making progress on the development of their commercial crew vehicles, including an uncrewed test flight of SpaceX’s Crew Dragon spacecraft in March. But a number of technical issues, coupled with a history of delays, didn’t give the organization confidence the companies would be able to maintain their current schedules. (Space News)

Apollo Astronauts Divided on NASA’s Moon Plans, Space Force Concept: Much like the American public, three former astronauts who traveled to the moon on Apollo missions have different opinions on whether the space agency should return, and they also are concerned that new layers of bureaucracy at the Pentagon associated with the Space Force will be detrimental to space exploration. (Politico)


Defense Bill Hits Rand Paul Speed Bump: Armed Services Committee Chairman Jim Inhofe (R-OK) says Sen. Rand Paul (R-KY) is slow-walking the National Defense Authorization Act, including forcing lawmakers to wait until next week to formally proceed to the defense bill. (The Hill)

House Passes Defense Appropriations Bill: The House’s defense legislation supports a $733 billion topline for national security, matching the level the administration was originally projecting for FY20 before the White House bolstered its request to $750 billion. A separate defense authorization bill from the House Armed Services Committee also supports a $733 national security topline. (Defense & Security Monitor)


Mexico Ratifies USMCA Trade Deal with US, Canada: The U.S.-Mexico-Canada Agreement (USMCA) – which was designed as a substitute for the North American Free Trade Agreement – sailed through the country’s upper chamber with a vote of 114 to four, with three abstentions, The Associated Press reported. So far, Mexico’s government is the only one of the three countries to sign off on the treaty. (Fox Business)


L3, Harris Merger Proceeding After Justice Department Ruling: Harris Corp. and L3 Technologies said June 21 that their merger has the regulatory approvals needed to close following a Justice Department decision. (Space News)


CE Set to Begin Immigration Raids in 10 Cities on Sunday: Immigration and Customs Enforcement is pressing forward to arrest and deport families with court-ordered removals in 10 cities beginning Sunday, according to a senior immigration official, after President Donald Trump's tweet revealing an operation was imminent. (CNN)

Trump Deporting Immigrants at Slower Pace than Obama: Report: Despite a larger number of deportations in fiscal 2018 than 2017, the Trump administration’s deportation levels still fall below those under the early years of the Obama administration, according to an Axios report. (The Hill)


Secretary DeVos Rethinks Department’s Recognition of Accreditors: As part of U.S. Secretary of Education Betsy DeVos’ efforts to rethink higher education, the U.S. Department of Education today released a revised Accreditation Handbook for use by accrediting agencies seeking recognition by the Department. (DOE Press Release)


Senate Confirms Baranwal to DOE Nuclear Energy Role: The Senate confirmed Rita Baranwal to be assistant secretary of nuclear energy at DOE by a vote of 86-5. Baranwal, nominated by the White House in October 2018, directs the department’s Gateway for Accelerated Innovation in Nuclear program and previously served as director of technology development and application at Westinghouse. (Clark Hill Insight)

LaFleur to Leave FERC in August: FERC Commissioner Cheryl LaFleur says she will leave the agency at the end of the summer. LaFleur had wanted a third term on the commission, but she gave up that pursuit in January after it became clear she would not be renominated. LaFleur's departure will leave the commission with two vacancies. The administration has not nominated anyone to replace former Chairman Kevin McIntyre, though several people have been rumored to be candidates for the seat. (Clark Hill Insight)


Trump to Officially Nominate Esper as Next Defense Secretary: President Trump plans to nominate Mark T. Esper, the secretary of the Army and former West Point classmate of Secretary of State Mike Pompeo, to be the next defense secretary, administration officials said on Friday. (New York Times)


Trump Rolls Back Obama’s Biggest Climate Rule: The Trump administration issued its long-awaited replacement for former President Barack Obama's most ambitious climate change regulation, rolling back rules in an effort to salvage the declining role of coal in the nation's power supply. Critics charge that the new rule would cripple the fight against climate change — which has emerged as a major issue for Democrats in the 2020 presidential race — and undermine any future White House efforts to use the Environmental Protection Agency to address the problem. (Politico)


FAA Issues Emergency Order Barring Commercial Operators from some Iranian Airspace: The U.S. Federal Aviation Administration on Thursday issued an emergency order prohibiting U.S. operators from flying in an overwater area of Tehran-controlled airspace over the Strait of Hormuz and Gulf of Oman due to heightened tensions. (Reuters)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Clark Hill PLC | Attorney Advertising

Written by:

Clark Hill PLC

Clark Hill PLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.