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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.

Short-term FY11 Budget Extension Passed

**Update 3/2, the House and Senate have agreed to a two week extension (along the lines described below) temporarily avoiding a government shutdown at the end of the week.**

Congress and the White House have five days to agree on a path forward on FY11 appropriations, given that the continuing resolution (CR) that is currently funding government operations expires on March 4th. The House and Senate remain far apart on a permanent plan to fund the remainder of FY11. As a result, a two-week CR extension is currently being discussed as a means for buying additional time to reach a permanent agreement. The short-term extension would cut $4 billion from current funding levels, largely coming from an early end to eight programs proposed for elimination in FY12 by President Obama, and the termination of $2.7 billion of earmarks. The bill also provides temporary relief for the Pell Grant program, maintaining the maximum award level at $5,550 for the coming academic year. House and Senate leaders appear to support the two week extension, as the alternative would likely be a shutdown of the government at the end of the week.

House Passes Largely Symbolic FY11 Budget

Early Saturday morning, the House of Representatives passed a spending plan (H.R. 1) for the remainder of fiscal year 2011. The legislation would sharply reduce spending across the spectrum of government, including within research and student aid agencies. The measure passed despite unanimous Democratic opposition joined by three Republican votes against. The House vote sets up a budget showdown with the Senate and White House, which have already stated their opposition. Steps forward will need to take place by March 4th, when current funding for the government expires.

The House considered and adopted a number of amendments of interest:

  • #214:  John Kline (R-MN)—Prevents Education Department from implementing “Gainful Employment” regulation (289 to 136, 1 voted “present)
  • #267:  Steve King (R-IA)—Prohibits use of funds from CR to carry out provisions of the health care law.  There may be an impact on student aid provisions contained in the law (241 to 187)
  • #233:  Ralph Hall (R-TX)—Prohibits use of funds to establish a NOAA Climate Service (233 to 187)

Chairman’s Statement and Successful Amendments

Department of Education FY12 Budget Summary

The Department of Education has released the following summary of the President’s FY12 budget request for the agency:

U.S. Department of Education

Information Release

2/14/11

Deep cuts and efficiencies in several key education programs will help fund new education investments to keep American students competitive in the global economy under the proposed 2012 Obama administration education budget. The President released the budget at a Baltimore public school on Monday, February 14.

“We are cutting where we can to invest where we must,” said Education Secretary Arne Duncan, who joined President Obama for the announcement. “These are challenging times, but we can’t delay investments that will secure our future. We must educate our way to a better economy by investing responsibly, advancing reform and demanding results.”

Areas for new investment run the spectrum from early learning to college completion, and include funding for formula and competitive K-12 programs, including a new district-level Race to the Top program with a rural set-aside and another round of Investing in Innovation grants. The budget also includes new and expanded programs that support teacher and principal effectiveness. Continue reading “Department of Education FY12 Budget Summary”