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Senate Passes Patent Overhaul Bill

By a vote of 95-5, the Senate approved S. 23, a measure aimed at updating the nation’s patent system for the first time in decades.  Supporters of the bill believe it will foster innovation and bolster US economic growth and competitiveness around the world.  The debate now moves to the House where it faces an uncertain future.

The Senate-approved bill would change procedures for issuing patents and for challenging their validity once they are issued, as well as codify a method for calculating damage awards in patent lawsuits.  It also would implement a system to grant patent awards to inventors who are “first to file” rather than based on the current criterion of “first to invent” — a change proponents argue will simplify the patent process and reduce the number of challenges.

The House may take issue with the Senate bill’s language to shift to a “first to file” system and to allow the patent office to keep the revenue it generates in fees.  Some House conservatives have voiced skepticism about both proposals. 

The Office of Federal Relations will continue to monitor the progress of this measure as it moves through the House.

FY11 Debate Continues…

After approving another continuing resolution (CR) last week to run through March 18th, Congress must now get serious about how to fund the remaining six months of FY11, which has been operating roughly at FY10 levels since the start of the fiscal year on October 1, 2010.  The Republican controlled House and the Democratic controlled Senate must find some middle ground – and quickly – if they want to avoid new talks about a federal government shutdown.  And while both parties have agreed to make cuts to reduce federal spending, they are still some $51 billion apart in the amount of cuts that they are proposing for FY11. 

Two weeks ago, the House passed their FY11 measure that would cut $61.5 billion from the FY10 levels.  Conversely, the Senate has advanced a bill to only cut $6.5 billion from FY10 levels.  This is in addition to the $4 billion in cuts that were included in the CR that was signed by the President last week (and runs through March 18th).  This leaves a difference of some $51 billion between the two.  The Senate leadership will allow votes on both measures, which will likely fail, to demonstrate that the Congress as a whole needs to come toward the middle if they are to get an FY11 budget approved.

Most Congressional analysts and insiders have expressed doubts that an agreement can be negotiated by the time the current CR runs out, so further short-term CR extensions will be needed.  Republicans say these extensions would come with further spending cuts.  It’s also possible that further Senate test votes, like those occurring this week, will be needed to further persuade lawmakers to compromise as Democrats and Republicans try to narrow their differences.

The measure proposed by the Senate leadership would include a Defense spending bill for the current fiscal year as Pentagon officials have urged, but at a level $2 billion below that proposed by House Republicans.  Among other differences, Democrats would restore $5.5 billion in cuts that Republicans proposed for the State Department and foreign aid programs; provide a slight increase for Homeland Security rather than a cut; restore $25 billion in GOP-proposed cuts for education, health and job-training programs in the Labor-HHS-Education bill; and add back almost $12 billion for programs in the Transportation-HUD bill, particularly for housing.  

Meanwhile, a wide range of other budget-related action will be occurring in Congress this week.  House and Senate committees will continue dozens of hearings on budget and spending plans for FY12, including those by the House and Senate Budget panels as they prepare to assemble an annual budget resolution in coming weeks.  

On Tuesday, the Senate Budget Committee holds a hearing on the findings and recommendations of President Obama’s fiscal commission, receiving testimony from the commission’s two co-chairmen, Erskine Bowles and Alan Simpson.  The pair later that day will be launching “The Moment of Truth Project,” which will provide a platform for them to continue advancing debate on the need to change federal spending and tax policies in order to return the nation to a sustainable fiscal path.

Late last week, House Leadership announced that they will increasingly be considering bills to cut mandatory spending, with the House scheduled to take up two such bills this week. Those bills, which Republicans say would save taxpayers $9 billion, would terminate two of four foreclosure assistance programs that were established to help struggling homeowners following the onset of the financial crisis in 2008.  

And today the Senate votes on a cloture motion to end debate on patent system overhaul legislation.

Congress Works to Finalize FY11 Budget

The Republican effort to roll back non-security discretionary spending to FY08 levels officially gets started this week with the return of House lawmakers from their one-week recess.  On Tuesday, House Republicans will set their new, enforceable spending limits for FY11, and later in the week unveil their package to cut spending for the remainder of the year.  House Budget Chairman Paul Ryan (R-WI) announced last week that the new discretionary spending cap will represent a $32 billion reduction from the annualized spending level under the stopgap continuing resolution (CR) currently funding federal government. This proposed cap assumes a $41 billion reduction in non-security spending (i.e., programs other than defense, homeland security, and veterans), while providing a nominal increase for security spending.  The new cap is intended to reduce non-security spending to FY08 levels for the final seven months of the current fiscal year (FY11). The current CR expires March 4th.

Also this week, the House Appropriations Committee plan to adopt spending allocations for each of the 12 individual funding bills for FY11, which determine the level of cuts each domestic spending bill will incur.  GOP appropriators have been working for weeks to identify specific program cuts for each bill. We expect to see a draft of the CR extension that will reflect those spending cuts, in preparation for House floor action on the measure next week. No committee markup of the legislation is expected, and GOP leaders haven’t yet announced whether a full Defense spending will be considered. Analysis of the proposed spending caps show that while on average non-security spending for the remainder of the fiscal year would be cut by more than 15 percent, discretionary spending for some bills would be cut much more deeply. Transportation-HUD programs, for instance, face a 26 percent cut, with Agriculture to be cut 24 percent, and Energy-Water cut 20 percent.

The Office of Federal Relations continues to advocate for maintaining federal funding at the FY10 level, with some targeted investments in research.  While the House is likely to agree to drastic cuts for FY11, the Senate – controlled by the Democrats – will not agree to such severe cuts.  It is not yet clear where we will end up but it looks like we may see the remainder of FY11 funded at levels somewhere between FY09 and FY10.  Stay tuned…

Federal Spending Cuts Planned

House Republicans are still considering options for how best to keep their campaign promise to cut federal spending and the overall size of government. Today they will consider a resolution that would require the House Budget Committee Chairman to set FY11 non-security discretionary spending limits at FY08 levels. The full House expects to vote on the measure early next week. If approved, which is likely, the vote would put the chamber on record in support of cutting non-security discretionary spending before President Obama gives his State of the Union Address to Congress next Tuesday.

Once the House sets a new FY11 discretionary spending cap, House GOP appropriators will start assembling an extension of the stopgap resolution that is now funding the government, including cuts to non-security domestic spending. The current CR, which runs through March 4th, generally continues funding at FY10 levels. Since the Senate’s Democratic majority is unlikely to go along with the House proposals, the two chambers and the President will eventually need to strike an agreement on funding the government for the remainder of the year.

The House Republican leadership also needs to turn their attention to the upcoming vote to raise the nation’s debt ceiling and development of an FY12 budget resolution. While lowering non-security discretionary spending to FY08 levels would be a major victory for Republicans, it is clear that they intend to push for even deeper cuts for FY12. The House Majority Leader has stated that Republicans won’t agree to increase the nation’s debt ceiling without strong assurances of cuts in federal spending. The House Republicans will almost certainly use the debt ceiling vote as a bargaining chip to lock in an agreement with Democrats and the President on spending cuts for FY12 and beyond.

Meanwhile, the House unanimously passed the second of its weekly GOP bills to cut spending yesterday. The amended bill (HR 292) eliminates the requirement that the Government Printing Office (GPO) print hard copies of introduced legislation for use by members of the House and Senate. Instead, they would only be published in electronic form, saving a significant portion of the $7 million the GPO is expected to spend on congressional printing this year.

Tucson Tragedy Puts Legislative Schedule on Hold

The shooting over the weekend of Congresswoman Gabrielle Giffords (D-AZ) and 19 others has prompted House leaders to cancel pending action on legislation this week, including their plans to vote on repealing health care reform. Instead, the House will be in session for two days this week but the only business will occur Wednesday when the chamber will consider resolutions honoring the victims of the shooting in Tucson. No recorded votes are expected this week.

Also postponed is the second of the House Republican’s promised weekly votes to cut federal spending. The measure they intended to bring up this week calls for the elimination of a requirement that the Government Printing Office (GPO) print hard copies of all bills and resolutions introduced in Congress, thus saving on printing costs and requiring users to view documents on-line.

The short work week will culminate with an already planned House Republican annual issues retreat on Thursday and Friday. At their retreat, Republicans will be discussing how they plan to achieve their many goals in this Congress, including cutting federal spending and overturning or slowing Obama’s health care reforms. The Senate, meanwhile, last week began a two-week recess and won’t return until the week of January 24th.