1/31. Representatives and Senators have begun to introduce bills that would modify and/or extend the research and development (R&D) tax credit. Many more bills are likely to follow.

At the very end of the 112th Congress, the Congress passed and President Obama signed, a huge fiscal cliff bill, HR 8 [LOC | WW], the "American Taxpayer Relief Act of 2013".

Section 301 of that bill modified and extended the R&D tax credit, which is codified at 26 U.S.C. § 41, but only through December 31, 2013. See, story titled "R&D Tax Credit Extended" in TLJ Daily E-Mail Alert No. 2,504, January 7, 2013.

Hence, the legislative process of further extension has already commenced.

The credit was first enacted in 1981 as a temporary measure. Since then the Congress has repeatedly extended it for one or a few years. With so many extensions, some companies have come to expect the credit to be continued, and often plan accordingly, even when the credit is allowed to lapse. Extensions have always been retroactive, with the exception of one year 15 years ago.

There are reasons for this continuous series of short term extensions. First, by keeping the credit temporary, administration and Congressional budget staff, in making revenue projections, can pretend that tax revenues will increase when the credit expires. That is, temporary extensions of the R&D tax credit are part of the ongoing budgetary smoke and mirrors process.

Also, by keeping the issue on the agenda, candidates for federal office, and especially incumbents, can rely upon a continuous flow of endorsements and campaign contributions from supporters of the credit.

On January 31, 2013, Sen. Chris Coons (D-DE), Sen. Mike Enzi (R-WY), and others introduced S 193 [LOC | WW], the "Startup Innovation Credit Act of 2012", a bill to incent startups to engage in research and development, and to incent the formation of startups, by allowing an R&D credit against payroll taxes rather than income taxes.

This bill does not address the duration of the R&D tax credit. It was referred to the Senate Finance Committee (SFC). See, related story in this issue titled "Sen. Coons Re-Introduces Bill to Allow Start Ups R&D Payroll Tax Credit".

On January 3, Rep. Rush Holt (D-NJ) introduced HR 119 [LOC | WW], an untitled bill, and HR 120 [LOC | WW], the "Create Jobs by Expanding the R&D Tax Credit Act of 2013".

HR 119 is a short and simple bill. It would strike subsection 41(h), which contains the sunset date, thus making the R&D credit permanent.

HR 120 would amend Section 41 to increase the credit for research expenses for 2013 and 2014, and to allow the credit to be assigned.

Both bills were referred to the House Ways and Means Committee (HWMC). See also, Rep. Holt's release.

1/31. Sen. Chris Coons (D-DE), Sen. Mike Enzi (R-WY), Sen. Charles Schumer (D-NY), Sen. Marco Rubio (R-FL), Sen. Roy Blunt (R-MO), Sen. Debbie Stabenow (D-MI), and Sen. Jerry Moran (R-KS) introduced S 193 [LOC | WW], the "Startup Innovation Credit Act of 2013", a bill to incent start ups, and the formation of start ups, by allowing a credit against payroll taxes.

This is a re-introduction of S 3460 [LOC | WW], the "Startup Innovation Credit Act of 2013", which Sen. Coons and others introduced in the 112th Congress on July 31, 2012. The companion bill in the House was HR 6319 [LOC | WW], a bill with the same title introduced by Rep. Jim Gerlach (R-PA) and Rep. Zoe Lofgren (D-CA).  See, story titled "Startup R&D Tax Credit Bills Introduced" in TLJ Daily E-Mail Alert No. 2,434, August 22, 2012.

The Congress created the research and development (R&D) tax credit in 1981. It is codified at 26 U.S.C. § 41. The purpose of the credit is to incent innovation. The corporate income tax (to which the credit applies) taxes corporate income. A tax credit is an amount by which tax liability is reduced. Thus, to take advantage of the credit, a company must have taxable income. But, start up companies begin by loosing money, and therefore have no taxable income. Hence, they cannot take advantage of, or be incented by, the current R&D tax credit, at least until they start making money. Therefore, this bill attempts to provide an alternative means by which start up companies might take advantage of the credit -- a reduction in payroll taxes for engaging in research and development.

The bill would add a new subsection to the end of Section 41titled "Treatment of Credit to Qualified Small Businesses". It would provide that for start up companies that meet certain requirements, "there shall be allowed as a credit against the tax imposed ... on wages paid with respect to the employment of all employees ...", rather than a credit against the tax imposed on income.

The requirements include that the start up company be less than five years old, and have less than $5 Million in gross receipts for the taxable year. The bill would also impose an upper limit of $250,000 on the credit for any taxable year.

Sen. Coons (at left) explained the theory underlying this bill. He said that the goal is "fostering the kind of environment which supports the private sector and which turns ideas into innovations, innovations into products, and products into companies that help create good jobs." See, Congressional Record, January 31, 2013, at Page S440.

He said that "Under current policy, one way we do that federally is by supporting research and development through the existing R&D tax credit. Companies that invest in R&D generate new products, which sparks new industries with spillover benefits for all kinds of sectors. That is why there has long been strong bipartisan support for the existing R&D tax credit. By all accounts it is working."

He continued, "But there is a critical gap in the existing R&D credit. It isn't available to startups because they are not yet profitable, and thus they don't have an income tax liability against which to take a credit."

He added that "more than half the R&D credit last year was taken by companies with revenue over $1 billion, well-established, profitable companies. There is nothing wrong with that; it is just not targeting these tax expenditures toward the sector of our economy that is taking the greatest risk and in some ways has the greatest potential.

Sen. Coons concluded that "Today, we take another step toward seeing this solution implemented with the reintroduction of this bipartisan Startup Innovation Credit Act. It says in order to spur research and development, we should allow companies to claim the R&D tax credit against their employment taxes, against their W-2 instead of their income tax liability. That opens this credit to new companies that don't yet have an income tax liability."

He also announced in a release that Rep. Jim Gerlach (R-PA) and Rep. Ron Kind (D-WI) are expected to re-introduce companion legislation in the House".

1/3. Rep. Rush Holt (D-NJ) introduced HR 122 [ LOC | WW], the "Creating Jobs From Innovative Small Businesses Act of 2013", a bill to incent investment in small businesses that devote a high percentage of their expenditures to research and experimentation.

HR 122 would not affect the research and development (R&D) tax credit that is codified at 26 U.S.C. § 41. Rather, it would amend the Internal Revenue Code (IRC) to create a credit against income tax for equity investments in research oriented small business concerns. Like the R&D tax credit, it would be another means for incenting research.

Rep. Holt's (at right) bill provides that this "high technology investment tax credit" would be "20 percent of the amount paid by the taxpayer during such year to acquire a qualified equity investment in a qualified high technology small business concern".

The bill defines a "qualified high technology small business concern" as a small business concern with "fewer than 500 employees" and for which at least 50% of the gross expenditures are for "research or experimental expenditures".

The credit would be capped at $100,000 per taxable year per company. The bill would also set a national aggregate cap.

It was referred to the House Ways and Means Committee (HWMC). See also, Rep. Holt's release.

2/6. Rep. Bob Latta (R-OH) introduced HRes 57, a resolution "Expressing the sense of the House of Representatives that in order to continue aggressive growth in the Nation's telecommunications and technology industries, the United States Government should `Get Out of the Way and Stay Out of the Way´."

This resolution has no original cosponsors. It was referred to the House Commerce Committee (HCC). Rep. Latta (at right) is a member of the HCC and its Subcommittee on Communications and Technology.

This resolution states that "deregulatory policies and free-market competition consistently yield a higher rate of economic growth, a greater standard of living for all Americans, and an enhanced capacity for the United States to be competitive in the global marketplace".

It resolves that the federal government should promote "investment through deregulation and free-market competition".

It also resolves that the government should make "additional spectrum available for commercial usage through unencumbered auctions, reallocation of Federal spectrum, and efficient spectrum sharing".

It also resolves that the government should ensure "individual privacy protections without compromising marketplace efficiencies".

Finally, it resolves that the government should promote "cyber threat sharing for allowing the private sector to actively defend their communications networks". This is consistent with the cyber security bill passed by the House in the 112th Congress, HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act", or CISPA. Rep. Latta was a cosponsor.

The Senate cyber security bill in the 112th Congress that President Obama supported would be inconsistent with this resolution. It proposed a new regulatory regime. See, S 3414 [LOC | WW], the "Cybersecurity Act of 2012".

1/22. Sen. Patrick Leahy (D-VT) and Sen. Charles Grassley (R-IA) introduced S 42 [LOC | WW], the "Criminal Antitrust Anti-Retaliation Act of 2013", a bill provide anti-retaliation protections for antitrust whistleblowers.

Back in 2004, the 108th Congress enacted HR 1086, a large bill that included the "Antitrust Criminal Penalty Enhancement and Reform Act" or ACPECA. President Bush signed that bill on June 22, 2004. It is Public Law No. 108-237. See, story titled "Bush Signs Standards Development Organization Advancement Act" in TLJ Daily E-Mail Alert No. 927, June 28, 2004.

Title I of HR 1086 pertains to standards development organizations. Title II is the ACPECA. Title II raised penalties for violations of 15 U.S.C. § 1 (combinations in restraint of trade, including cartels, and price fixing), 15 U.S.C. § 2 (monopolies), and 15 U.S.C. § 3.

The just introduced bill would add a new Section 215 to the ACPECA.

It provides, in part, that "No person, or any officer, employee, contractor, subcontractor, or agent of such person, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a whistleblower in the terms and conditions of employment because", for example, "the whistleblower provided or caused to be provided to the person or the Federal Government information relating to ... any violation of, or any act or omission the whistleblower reasonably believes to be a violation of the antitrust laws ..."

Sen. Leahy stated in the Senate that "Congress should encourage employees with information about criminal antitrust activity, such as price fixing, to report that information by offering meaningful protection to those who blow the whistle rather than leaving them vulnerable to reprisals." See, Congressional Record, January 22, 2013, at Page S156.

He added that "Throughout our history, whistleblowers have been instrumental in alerting the public, Congress, and law enforcement to wrongdoing in a variety of areas. These individuals take risks in stepping forward, and many times their actions result in important reforms and have even saved lives."

This bill is substantially identical to S 3462 [LOC | WW], the "Criminal Antitrust Anti-Retaliation Act" which Sen. Leahy, Sen. Grassley, and former Sen. Herb Kohl (D-WI) introduced in the 112th Congress. They introduced that bill on July 31, 2012, just before the August recess. There were no hearings or mark ups.

GAO 2011 Recommendation. On July 25, 2011, the Government Accountability Office (GAO) released a report [76 pages in PDF] titled "Criminal Cartel Enforcement: Stakeholder Views on Impact of 2004 Antitrust Reform Are Mixed, but Support Whistleblower Protection".

That report concluded (at page 50) that the Department of Justice (DOJ), which prosecutes criminal violators of antitrust laws, "has relied heavily on its corporate and individual leniency programs to encourage wrongdoers to self-report such activity. However, innocent third parties may also report illegalities and in so doing may expose themselves to risk of retaliation. Without a civil remedy for those who are retaliated against as a result of reporting criminal antitrust violations, whistleblowers are currently unprotected and may therefore be hesitant to report wrongdoing to DOJ."

The GAO report continued that "It is widely accepted as good public policy to protect those who take risks to report crime and Congress has passed numerous laws providing protection for whistleblowers reporting various types of illegalities in various industries. By considering a civil remedy for whistleblowers who are retaliated against for reporting criminal antitrust violations, Congress could provide existing whistleblowers an assurance of protection for their efforts and, further, could motivate additional individuals to come forward with evidence of criminal cartel activity."

2/1. The Federal Trade Commission (FTC) granted early termination on February 1, 2013 of the HSR waiting periods for the transactions involving GT Nexus and TradeCard. See, FTC notice of February 4, 2013. The two companies announced their merger plans on January 7, 2013, See, release.

1/23. The U.S. Court of Appeals (3rdCir) issued its opinion in Ethypharm v. Abbott Laboratories, an antitrust case involving pharmaceuticals. French drug maker filed a complaint in the U.S. District Court (DDel) against Abbott alleging violation of Sections 1 and 2 of the Sherman Act, which are codified at 15 U.S.C. §§ 1 & 2. The Court of Appeals held that Ethypharm lacked antitrust standing. This case is Ethypharm S.A. France v. Abbott Laboratories, U.S. Court of Appeals for the 3rd Circuit, App. Ct. No. 11-3602, an appeal from the U.S. District Court for the District of Delaware, D.C No. 08-cv-00126, Judge Sue Robinson presiding. Judge Jordan wrote the opinion of the Court of Appeals, in which Judges McKee and Vanaskie joined.

1/22. Rep. Steve Lynch (D-MA) introduced HR 344 [LOC | WW], the "Competitive Health Insurance Act", on January 22, 2013. Rep. John Conyers (D-MI) introduced HR 99 [LOC | WW], the "Health Insurance Industry Antitrust Enforcement Act of 2013", on January 3, 2013. Both bills would amend the McCarran Ferguson Act to provide that the business of health insurance is subject to federal antitrust law. These bills further provide that antitrust law also includes Section 5 of the Federal Trade Commission Act, which is codified at 15 U.S.C. § 45, "to the extent that such section 5 applies to unfair methods of competition". Moreover, the bills provide that the Federal Trade Commission (FTC) could bring an action under Section 5 against non-profits. These bills were referred to the House Judiciary Committee (HJC).

The House will not meet.

The Senate will meet at 9:30 AM.

8:30 - 11:15 AM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). See, notice in the Federal Register, Vol. 78, No. 2, January 3, 2013, at Page 292. Location: NIST, Portrait Room, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

8:30 AM - 5:00 PM. The American Council for Technology Industry Advisory Council (ACT-IAC) will host an event titled "Executive Management Series on Mobility". Prices vary. See, notice. Location: American Institute of Architects, 1735 New York Ave., NW.

8:45 AM - 5:00 PM. The Federal Communications Commission's (FCC) Federal-State Joint Conference on Advanced Services will host an event titled "Broadband Summit". See, notice. Webcast. Free. Open to the public. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

9:00 AM - 4:15 PM. The U.S. China Economic and Security Review Commission (USCESRC) will hold an event titled "China’s New Leadership and Implications for the United States". Free. Open to the public. See, USCESRC notice and notice in the Federal Register, Vol. 78, No. 23, February 4, 2013, at Pages 7859-7860. Location: Room 2118, Rayburn Building.

TIME AND LOCATION CHANGE. 10:00 AM. 10:30 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of 16 judicial nominees, including Richard Taranto (USCA/FedCir), Robert Bacharach (USCA/10thCir), William Kayatta (USCA/1stCir), Patty Schwartz (USCA/3rdCir) and Caitlin Halligan (USCA/DCCir). See, notice. See also, story titled "Richard Taranto and the Federal Circuit" in TLJ Daily E-Mail Alert No. 2,497, and story titled "Sen. Leahy Seeks to Move 16 Judicial Nominees" in TLJ Daily E-Mail Alert No. 2,520, February 6, 2013. Webcast. Location: Room 226, Dirksen Building. Room S-216, Capitol Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in FlashPoint Technology v. USITC, App. Ct. No. 2012-1149, and appeal from the U.S. International Trade Commission (USITC) in a Section 337 proceeding regarding HTC and electronic imaging devices. Location: Courtroom 402.

10:00 AM. The U.S. Court of Appeals (FedCir) will consider on the briefs Martin Feiffin v. Microsoft, App. Ct. No. 2012-1357. Location: Courtroom 201.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a hearing on the nomination of John Brennan to be Director of the Central Intelligence Agency (CIA). See, notice. Location: Room 216, Hart Building.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Seminar on Enforcement Bureau Nuts and Bolts". The deadline for reservations and cancellations is 12:00 NOON on February 6. Prices vary. CLE credits. See, notice. Location: Drinker Biddle & Reath, 1501 K St., NW.

The House will meet at 11:00 AM. Rep. Cantor's schedule states that no votes are expected in the House.

9:00 AM - 2:00 PM. The Heritage Foundation (HF) and Taiwan Benevolent Association of America (TBAA) will host an event titled "Shoring Up the US Taiwan Partnership". The speakers will be Sen. John Cornyn (R-TX), Walter Lohman (HF), Taidi Fang (TBAA President), Joanna Lei (former member of the Legislative Yuan), Rupert Chambers (U.S.-Taiwan Business Council President), Claude Barfield (American Enterprise Institute), Matthew Goodman (Center for Strategic and International Studies), Derek Scissors (HF), Randy Schriver (Project 2049), Dean Cheng (HF), Stephen Yates (DC International Advisory), and Vincent Wang (University of Richmond). Webcast by HF. Free. Open to the public. Lunch will be served. See, notice. Location: HF, 214 Massachusetts Ave., NE.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Robert Bosch v. Pylon Manufacturing, App. Ct. No. 2011-1363, an appeal from the U.S. District Court (DDel) in patent infringement case involving windshield wipers. The August 7, 2012 order of the Federal Circuit which sua sponte ordered rehearing en banc states that the issue are (1) "Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this Court to entertain appeals from patent infringement liability determinations when a trial on damages has not yet occurred?", and (2) "Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this Court to entertain appeals from patent infringement liability determinations when willfulness issues are outstanding and remain undecided." See also, October 13, 2011 opinion of the three judge panel of the Federal Circuit, amicus curiae brief of the IPO, and amicus curiae brief of the AIPLA. Location: Courtroom 201.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in CLS Bank v. Alice Corporation, App. Ct. No. 2011-1301, an appeal from the U.S. District Court (DC) in a software patent infringement case. At issue is patent eligibility under 35 U.S.C. § 101. The Federal Circuit's October 9, 2012 order granting rehearing en banc states that the two issues are (1) "What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea"; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?", and (2) "In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium; and should such claims at times be considered equivalent for § 101 purposes?". See also, July 9, 2012 opinion of the three judge panel, amicus curiae brief of the CCIA, amicus curiae brief of the BSA, and amicus curiae brief of Twitter, LinkedIn, Travelocity, and others. Location: Courtroom 201.

Deadline for all parties, except foreign governments to submit comments, and requests to testify at the February 20, 2013 hearing, of the Office of the U.S. Trade Representative (OUSTR) to assist it in making its Special 301 identifications of countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, story titled "OUSTR Seeks Special 301 Comments on Countries that Deny Adequate IPR Protection" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012. See also, notice in the Federal Register, December 31, 2012, Vol. 77, No. 250, at Pages 77178-77180.

2:30 - 3:30 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "The Future of the WTO". The speakers will be Anabel González (Costa Rica Minister of Foreign Trade), John Murphy (U.S. Chamber of Commerce), Linda Dempsey (National Association of Manufacturers), and Scott Miller (CSIS). Free. Open to the public. See, notice. Location: CSIS, Room B1, 1800 K. St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a program titled "Export Controls and Economic Sanctions 2013: Recent Developments and Current Issues". The speakers will be Carol Kalinoski and Thomas Scott (Ladner & Associates). The price to attend ranges from $89 to $129. CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Where Do America’s Broadband Networks Really Stand?". The speakers will be Mindel de la Torre (Chief of the FCC's International Bureau), John Horrigan (Joint Center for Political and Economic Studies), Scott Wallsten (Technology Policy Institute) and Richard Bennett (ITIF). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a second hearing on guns. This hearing, of the Subcommittee on the Constitution, Civil Rights and Human Rights, is titled "Proposals to Reduce Gun Violence: Protecting Our Communities While Respecting the Second Amendment". Webcast. See, notice. Location: Room 226, Dirksen Building.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will hold an event titled "Meet the Audio Division". The speakers will be Peter Doyle (Chief of the FCC's Media Bureau's Audio Division) and other FCC staff. Free. No CLE credits. The FCC has a history of barring reporters from this type of event. The FCBA states that this is an event of its Mass Media Committee. Location: National Association of Broadcasters, 1771 N St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed topics. See, notice. Location: Room 219, Hart Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host an event titled "International Dimensions of Cybersecurity". CLE credits. Prices vary. See, notice. Reservations and cancellations are due by 12:00 NOON on February 11. Location: Wiley Rein, 1776 K St., NW.

8:00 AM - 5:00 PM. Day one of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at Pages 89-90. Location: United States Access Board Conference Room, Suite 800, 1331 F St., NW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Comprehensive Immigration Reform". See, notice. Webcast. Location: Room 216, Hart Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Satellite Video 101". See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host an panel discussion titled "Social Media and the Arab Spring: Revolution, Censorship, and Freedom". The speakers will be James Phillips (HF), Nancy Okail (Freedom House in Egypt), Alberto Fernandez (Department of State), and Helle Dale (HF). Free. Open to the pubic. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

3:15 PM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominees. See, notice. Webcast. Location: Room 226, Dirksen Building.

5:30 - 6:30 PM. Google and the University of Maryland's (UM) Maryland Cybersecurity Center will host a lecture by Michael Franz (UC Irvine) titled "Software Defenses Using Compiler Techniques". Free. Registration required. See, notice and registration page. Location: UM, Kim Engineering Building Lecture Hall, Room 1110, College Park, MD.

EXTENDED FROM JANUARY 22. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its licensing and operating rules for satellite services. The FCC adopted and released this NPRM on September 28, 2012. It is FCC 12-117 in IB Docket No. 12-267. See, original notice in the Federal Register, Vol. 77, No. 217, November 8, 2012, at Pages 67171-67201. See also, extension notice in the Federal Register, Vol. 77, No. 250, December 31, 2012, at Pages 77001-77002.

8:00 AM - 5:00 PM. Day two of a three day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, Vol. 78, No. 1, January 2, 2013, at Pages 89-90. Location: United States Access Board Conference Room, Suite 800, 1331 F St., NW.

9:00 - 10:30 AM. The US Telecom will host an on site and webcast event titled "USTelecom Policy Briefing: What’s the Point of Voice Regulation?". The speakers will be Harold Feld (Public Knowledge), John Mayo (Georgetown University Center for Business & Public Policy), Jonathan Nuechterlein (Wilmer Hale), and Jon Banks (US Telecom). See, notice. Free. Registration required. There will be an on site breakfast at 8:30 AM. Location: US Telecom, Suite 400, 607 14th St., NW.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Making America Competitive Again: Restoring U.S. Innovation Leadership". The speakers will be Gary Pisano (Harvard Business School), Willy Shih (Harvard Business School), Charles Wessner (National Academies), Alan Wolff (McKenna Long & Aldridge), and Robert Atkinson (ITIF). See, notice. Location: Room HVC-201, Capitol Visitor Center.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed topics. See, notice. Location: Room 219, Hart Building.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Fifth Notice of Proposed Rulemaking [24 pages in PDF] related to its outdated media ownership regulatory regime, and its commercial broadcast ownership reporting requirements and FCC Form No. 323. The FCC adopted this NPRM on October 15, 2009. The FCC again seeks comments. This NPRM is FCC 09-92 in MB Docket Nos. 07-294, 06-121, 02-277, and 04-228, and MM Docket Nos. 01-235, 01-317, 00-244. See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2925-2934. See also, January 15 Public Notice [2 pages in PDF], DA 13-56.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Sixth Further Notice of Proposed Rulemaking [27 pages in PDF] related to its outdated media ownership regulatory regime. This NPRM seeks comments on proposals to increase FCC data collection burdens. The FCC adopted this item on December 21, 2012, and released the text on January 3, 2013. It is FCC 12-166 in MB Docket No. 07-294. See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2925-2934. See also, January 15 Public Notice [2 pages in PDF], DA 13-56.

Deadline to submit comments to the Department of Homeland Security's (DHS) Customs and Border Protection (CBP) regarding, and effective date of, the DHS plan to establish a new system of records titled "U.S. Customs and Border Protection, DHS/CBP-004-Intellectual Property Rights e-Recordation and Search Systems System of Records". See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 3015-3019.

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