Prove It Act of 2016

DAVID GILBERT: House H.R. 4775, the Ozone Standards Implementation Act of 2016 JACQUELINE CARNEY: House, Senate HR 5303 and S. 2847 Water Resources Development Act KATHERINE OTT: House H.R. 4775, the Ozone Standards Implementation Act of 2016

Client expense: $910,000 · Firm income: Not reported

Government targets: Energy, Dept of, Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), SENATE

H.R. 3, Keystone XL Pipeline Act H.R. 8, North American Energy Security and Infrastructure Act of 2015 H.R. 50/S. 189, Unfunded Mandates Information and Transparency Act of 2015 H.R. 161, Natural Gas Pipeline Permitting Reform Act H.R. 185/S. 2006, Regulatory Accountability Act of 2015 H.R. 348, Responsibly And Professionally Invigorating Development (RAPID) Act of 2015 H.R. 427/S. 226, Regulations From the Executive in Need of Scrutiny Act of 2015 H.R. 504/S. 1038, Energy Star Program Integrity Act H.R. 585/S. 293, To amend the Endangered Species Act of 1973 to establish a procedure for approval of certain settlements H.R. 653, FOIA Oversight and Implementation (FOIA) Act of 2016 H.R. 712/S. 378, Sunshine for Regulatory Decrees and Settlements Act of 2015 H.R. 1029/S. 543, EPA Science Advisory Board Reform Act of 2015 H.R. 1030/S. 544, Secret Science Reform Act of 2015 H.R. 1320/S. 638, Commonsense Legislative Exceptional Events Reforms Act of 2015 H.R. 1327/S. 640, Ozone Regulatory Delay and Extension of Assessment Length (ORDEAL) Act of 2015 H.R. 1388/S. 751, Clean Air, Strong Economies (CASE) Act H.R. 1486, Taking Account of Bureaucrats' Spending (TABS) Act of 2015 H.R. 2042, Ratepayer Protection Act of 2015 H.R. 2134, Listing Reform Act H.R. 2648/S. 1109, Truth in Settlements Act of 2015 H.R. 3438/S. 1927, Require Evaluation before Implementing Executive Wishlists (REVIEW) Act of 2015 H.R. 4000, Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015 H.R. 4768/S. 2724, Separation of Powers Restoration Act of 2016 H.R. 4775/S. 2882, Ozone Standards Implementation Act of 2016 H.R. 4909/S. 2943, National Defense Authorization Act for Fiscal Year 2017 H.R. 5055/S. 2804, Energy and Water Development and Related Agencies Appropriations Act, 2017 H.R. 5293/S. 3000, Department of Defense Appropriations Act, 2017 H.R. 5303/S. 2848, Water Resources Development Act of 2016 H.R. 5325, Legislative Branch Appropriations Act, 2017 H.R. 5328, Federal Agency Complete Transparency (FACT) Act of 2016 H.R. 5393/S. 2837, Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017 H.R. 5394/S. 2844, Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017 H.R. 5485/S. 3067, Financial Services and General Government Appropriations Act, 2017 H.R. 5538/S. 3068 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017, including the EPAs ozone National Ambient Air Quality Standards and the use of social cost of carbon in federal rulemakings and policymaking H.R. 5634/S. 3001, Department of Homeland Security Appropriations Act, 2017 H.R. 5982, Midnight Rules Relief Act of 2016 S. 1, Keystone XL Pipeline Approval Act S. 33, LNG Permitting Certainty and Transparency Act S. 88, General Duty Clarification Act of 2015 S. 280, Federal Permitting Improvement Act of 2015 S. 337, FOIA Improvement Act of 2016 S. 639, Agency PAYGO for Greenhouse Gases Act S. 708, Regulatory Improvement Act of 2015 S. 1324, Affordable Reliable Electricity Now Act of 2015 S. 1607, Independent Agency Regulatory Analysis Act of 2015 S. 1647, Developing a Reliable and Innovative Vision for the Economy (DRIVE) Act S. 1817, Smarter Regs Act of 2015 S. 1820, Early Participation in Regulations Act of 2015 S. 2012, North American Energy Security and Infrastructure Act of 2016 S. 2847, Prove It Act of 2016 S. 3040, Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017 H. Con. Res. 125, Establishing the congressional budget for the United States Government for fiscal year 2017 and setting forth the appropriate budgetary levels for fiscal years 2018 through 2026 (114th Congress), Section 311 Draft legislation on the clarification of the General Duty Clause in the Clean Air Act (P.L. 88-206) Environmental Protection Agency (EPA) and United States Geological Survey (USGS) draft technical report: Protecting Aquatic Life from Effects of Hydrologic Alteration (81 Fed. Reg. 10,620, March 1, 2016) Proposed regulations on stream protection (80 Fed. Reg. 44,436, July 27, 2015) Final regulations on greenhouse gas emissions from new and existing power plants (80 Fed. Reg. 64,510-64-660, October 23, 2015) (80 Fed. Reg. 64,662-64,964, October 23, 2015) Various issues relating to regulatory reform, including permit streamlining, government transparency in rulemakings, and performing administrative proceedings; environment and energy policy; agency independence; Congressional Budget Office scoring; permit streamlining provisions of the Fixing Americas Surface Transportation (FAST) Act (P.L. 114-94); oversight of the impact of federal regulations on employment in the U.S; formulation and use of social cost of carbon in environmental and energy related rulemakings, including cost-benefit analyses; proposed and potential environmental regulations on hydraulic fracturing; EPAs use of whole-economy modeling in the rulemaking process, including the formation of a Science Advisory Board panel on the topic; oversight of the claimed benefits and costs of environmental regulations by the EPA; final guidance by the Council on Environmental Quality on how climate change and greenhouse gas emissions should be addressed in environmental reviews under the National Environmental Policy Act of 1969 (P.L. 91-190); citizen suits recodifications; open internet order; small business regulatory reform legislation

H.R. 8 - North American Energy Security and Infrastructure Act of 2015 Legislation seeks to promote energy efficiency inside the federal government and improve the security of energy-related infrastructure primarily by expanding the Department of Energys authorities. NSBA supports H.R. 9 - Innovation Act Reforms the patent system and introduces measures that would make it more difficult for small businesses to defend their patents. NSBA opposes H.R. 25 - The Fair Tax Act To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the states. NSBA supports H.R. 1105 - Death Tax Repeal Act of 2015 Bill would repeal the estate and generation-skipping transfer taxes, as well as cut the top gift tax rate. NSBA supports H.R. 1155 - Searching for and Cutting Regulations that are Unnecessarily Burdensome (SCRUB) Act of 2015 This bill would create a special commission to review and repeal regulatory requirements which could be removed without significant impact to the regulations overall effectiveness. NSBA supports H.R. 1732 - Regulatory Protection Act of 2015 The legislation would require the EPA to rewrite the waters of the U.S. rule. NSBA supports H.R. 2028 - FY 2017 Energy and Water Development Appropriations bill The legislation would appropriate over $37 billion to federal programs across the agencies, an increase of $355 million over 2016 levels. However, the spending increases are largely attributed to defense-related programs, while nondefense programs, including those at the Army Corps of Engineers, received cuts. NSBA supported amendments to the bill. H.R. 2045 - TROL Act Legislation would allow the FTC to go after patent trolls which often target small business patent holders. NSBA supports H.R. 2187 - The Fair Investment Opportunities for Professional Experts Act Requires the Securities and Exchange Commission (SEC) to rewrite the accredited investor definition and would codify the current financial thresholds so that they may not be raised by the Securities and Exchange Commission (SEC) except by statute. NSBA supports H.R. 2775 - The Remote Transactions Parity Act of 2015 The bill allows states that meet simplification requirements to require remote sellers to collect taxes due on items purchased by consumers in those states. NSBA is monitoring H.R. 2911 - Small Business Healthcare Relief Act This bill amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to allow an employer with fewer than 50 employees that does not offer group health insurance coverage to establish a health reimbursement arrangement. NSBA supports H.R. 3326 - Defend Trade Secrets Act of 2015 Creates a right of action in federal court for trade secrets violations and creates mechanisms to prevent the release of trade secret information. NSBA supports H.R. 3784 - The SEC Small Business Advocate Act of 2016 This bill would establish an Office of the Small Business Advocate within the SEC to advocate on behalf of small businesses and to be a resource for small businesses. NSBA supports H.R. 4168 - Small Business Capital Formation Enhancement Act The measure will require the Securities and Exchange Commission (SEC) to respond to recommendations made during the annual Government-Business Forum on Small Business Capital Formation. NSBA supports H.R. 4341 - Defending Americas Small Contractors Act of 2016 The bill introduces a number of reforms to increase transparency and the ability of small businesses to compete in the federal marketplace. NSBA supports H.R. 4377 - American Business Competitiveness Act The bill cuts the corporate income tax to 25 percent; limits the top tax rate on non-corporate business income to 25 percent; allows businesses to deduct investment costs when they occur (full expensing); eliminates most business tax credits and many deductions; and moves to a territorial tax system like most developed nations. NSBA is monitoring H.R. 4612 - Midnight Rule Relief Act of 2016 Legislation would prevent agencies from proposing or finalizing regulations from the day after elections to the day of the next presidential inauguration. NSBA supports H.R. 4638 - Main Street Growth Act The legislation seeks to make small business offerings more attractive to investors by creating venture exchanges which will bring together buyers and sellers for of venture securities. NSBA supports H.R. 4768 - Separation of Powers Restoration Act of 2016 Legislation would effectively eliminate Chevron Deference when courts review agency actions. NSBA supports H.R. 4773 - Protecting Workplace Advancement and Opportunity Act Legislation would nullify the Department of Labors overtime exemption rule and would require DOL to perform an economic analysis of how changes to overtime regulations will impact nonprofits, small businesses, and employers in other vulnerable industry sectors before issuing a new rule. NSBA supports H.R. 4783 - Commercializing on Small Business Innovation Act of 2016 Legislation would reauthorize the SBIR/STTR programs through 2022. NSBA supports H.R. 4831 - S-Corp Bill Legislation would amend the tax code to clarify that shareholders in an S-Corp. who acquired their shares through crowdfunding would not count against the 100 shareholder cap. NSBA supports H.R. 4850 - Micro Offering Safe Harbor Act Measure would create an exemption from registration requirements under the Securities Act for certain small securities offerings. NSBA supports H.R. 4852 - the Private Placement Improvement Act Would require the Securities and Exchange Commission (SEC) to amend the requirements for Regulation D offerings. It would also direct the SEC to revise rules regarding 506 offerings of a private fund to characterize as an accredited investor a knowledgeable employee of that private fund or the funds investment advisor. NSBA is monitoring H.R. 4854 - Supporting Americas Innovators Act Legislation would amend the Investment Company Act of 1940 to expand the investor limitation for qualifying venture capital funds under an exemption from the definition of an investment company. NSBA is monitoring H.R. 4855 - Fix Crowdfunding Act Measure would amend the crowdfunding provisions included in the Jobs Act and would increase the crowdfunding limit from $1 million to $5 million. NSBA is monitoring H.R. 4909 - FY 2017 National Defense Authorization Act H.R. 4909 authorizes $610 billion in spending for the DOD and also makes a number of changes to the procurement process for small firms. NSBA supports H.R. 5076 - Main Street Fairness Act Establishes that businesses that file their taxes as pass-through income-sole proprietorships, partnerships, LLCs and S corporations-will never pay a higher tax rate than their larger counterparts. NSBA supports H.R. 5156 - Small Business Credit Card Act of 2016 Legislation would further protect small-business owners credit cards from unfair and deceptive practices of credit card companies. NSBA supports H.J. Res. 71 - Clean Power Plan - Congressional Review Act This resolution would invoke the Congressional Review Act and roll back the Clean Power Plan regulations promulgated by the EPA to cut carbon emissions. NSBA Supports H.J. Res. 72 - Clean Power Plan - Congressional Review Act This resolution would invoke the Congressional Review Act and roll back the Clean Power Plan regulations promulgated by the EPA to cut carbon emissions. NSBA supports H.J.Res. 95 A resolution under the Congressional Review Act to protect workers, students, nonprofit organizations, and small-business owners from the consequences of the Department of Labors controversial overtime rule. NSBA supports S. 155 - the Fair Tax Act To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the states. NSBA supports S. 632 - STRONG Patent Act The bill introduces modest patent reforms that would afford small businesses greater protections for their patents. NSBA supports S.698 - Marketplace Fairness Act of 2015 The bill would require eCommerce sellers who gross over $1million in remote (out-of-state) sales per year to collect sales tax from buyers in all 45 states (plus D.C.) that impose a sales tax. NSBA is monitoring S. 1137 - PATENT Act Reforms the patent system and introduces measures that would make it more difficult for small businesses to defend their patents. NSBA opposes S. 1140 - Federal Water Quality Protection Act The legislation would require the EPA to rewrite the waters of the U.S. rule. NSBA supports S. 1584 - Renewable Fuel Standard Repeal Act The bill would remove the renewable fuel standard. NSBA is monitoring S. 1607 - Independent Agency Regulatory Analysis Act of 2015 Creates a procedure whereby the president can require independent regulatory agencies to comply with the same rulemaking requirements that other agencies do. NSBA supports S. 1683 - Searching for and Cutting Regulations that are Unnecessarily Burdensome (SCRUB) Act of 2015 This bill would create a special commission to review and repeal regulatory requirements which could be removed without significant impact to the regulations overall effectiveness. NSBA supports S. 1697 - Small Business Healthcare Relief Act This bill amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to allow an employer with fewer than 50 employees that does not offer group health insurance coverage to establish a health reimbursement arrangement. NSBA supports S. 1890 - Defend Trade Secrets Act of 2015 Creates a right of action in federal court for trade secrets violations and creates mechanisms to prevent the release of trade secret information. NSBA supports S. 2006 - Regulatory Accountability Act of 2015 Legislation amends the APA to require that regulating agencies do more thorough examinations of the costs and benefits of promulgating regulations. NSBA supports S. 2012 - Energy Policy Modernization Act of 2015 Measure would make a number of changes impacting the security and the reliability of the energy grid. NSBA supports S. 2582 - Midnight Rule Relief Act of 2016 The bill would prevent agencies from proposing or finalizing regulations from the day after elections to the day of the next presidential inauguration. NSBA supports S. 2696 - Protect Small Business Jobs Act of 2016 Would create a six month grace period for first time regulations violations by small businesses which do not place anyone in imminent danger. NSBA supports S. 2707 - Protecting Workplace Advancement and Opportunity Act Legislation would nullify the Department of Labors overtime exemption rule and would require DOL to perform an economic analysis of how changes to overtime regulations will impact nonprofits, small businesses, and employers in other vulnerable industry sectors before issuing a new rule. NSBA supports S. 2724 - Separation of Powers Restoration Act of 2016 Legislation would effectively eliminate Chevron Deference when courts review agency actions. NSBA supports S. 2733 - Venue Equity and Non-Uniformity Elimination Act of 2016 This legislation will make changes to existing venue requirements in patent infringement litigation. NSBA opposes S. 2792 - Rapid Innovation Fund Enhancement Act of 2016 Legislation would reform the RIF program to ensure small businesses are always able to participate. NSBA supports S. 2793 - SBIR/STTR Reauthorization Act of 2016 The legislation would permanently reauthorize the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The programs are currently set to expire in 2017. NSBA supports S. 2812 - SBIR/STTR Reauthorization Act of 2016 Legislation would permanently reauthorize the SBIR and STTR programs. NSBA supports S. 2847 - Prove It Act Legislation would allow the Chief Counsel of Advocacy to challenge an agency certification of no significant impact on small businesses under the Regulatory Flexibility Act. NSBA is monitoring S. 2898 - the Small Business National Security Innovation Act of 2016 Legislation would allow SBIR and STTR small businesses to more easily contract to do follow-on work. NSBA supports S.J. Res. 22 - WOTUS Congressional Review Act Resolution This resolution would invoke the Congressional Review Act and roll back the WOTUS rule which EPA finalized in May 2015. NSBA supports S.J.Res.34 A resolution under the Congressional Review Act (CRA) that would block implementation of the administrations overtime rule. NSBA supports

H.R. 3, Keystone XL Pipeline Act H.R. 8, North American Energy Security and Infrastructure Act of 2015 H.R. 50/S. 189, Unfunded Mandates Information and Transparency Act of 2015 H.R. 161, Natural Gas Pipeline Permitting Reform Act H.R. 185/S. 2006, Regulatory Accountability Act of 2015 H.R. 348, Responsibly And Professionally Invigorating Development (RAPID) Act of 2015 H.R. 427/S. 226, Regulations From the Executive in Need of Scrutiny Act of 2015 H.R. 504/S. 1038, Energy Star Program Integrity Act H.R. 585/S. 293, To amend the Endangered Species Act of 1973 to establish a procedure for approval of certain settlements H.R. 653, FOIA Oversight and Implementation (FOIA) Act of 2016 H.R. 712/S. 378, Sunshine for Regulatory Decrees and Settlements Act of 2015 H.R. 1029/S. 543, EPA Science Advisory Board Reform Act of 2015 H.R. 1030/S. 544, Secret Science Reform Act of 2015 H.R. 1320/S. 638, Commonsense Legislative Exceptional Events Reforms Act of 2015 H.R. 1327/S. 640, Ozone Regulatory Delay and Extension of Assessment Length (ORDEAL) Act of 2015 H.R. 1388/S. 751, Clean Air, Strong Economies (CASE) Act H.R. 1486, Taking Account of Bureaucrats' Spending (TABS) Act of 2015 H.R. 2042, Ratepayer Protection Act of 2015 H.R. 2134, Listing Reform Act H.R. 2648/S. 1109, Truth in Settlements Act of 2015 H.R. 3438/S. 1927, Require Evaluation before Implementing Executive Wishlists (REVIEW) Act of 2015 H.R. 3738, Office of Financial Research Accountability Act of 2015 H.R. 4000, Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015 H.R. 4557, Blocking Regulatory Interference from Closing Kilns Act of 2016 H.R. 4768/S. 2724, Separation of Powers Restoration Act of 2016 H.R. 4775/S. 2882, Ozone Standards Implementation Act of 2016 H.R. 4909/S. 2943, National Defense Authorization Act for Fiscal Year 2017 H.R. 5055/S. 2804, Energy and Water Development and Related Agencies Appropriations Act, 2017 H.R. 5293/S. 3000, Department of Defense Appropriations Act, 2017 H.R. 5325, Legislative Branch Appropriations Act, 2017 H.R. 5328, Federal Agency Complete Transparency (FACT) Act of 2016 H.R. 5393/S. 2837, Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017 H.R. 5394/S. 2844, Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017 H.R. 5485/S. 3067, Financial Services and General Government Appropriations Act, 2017 H.R. 5538, Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017 H.R. 5634/S. 3001, Department of Homeland Security Appropriations Act, 2017 S. 1, Keystone XL Pipeline Approval Act S. 33, LNG Permitting Certainty and Transparency Act S. 88, General Duty Clarification Act of 2015 S. 280, Federal Permitting Improvement Act of 2015 S. 337, FOIA Improvement Act of 2016 S. 639, Agency PAYGO for Greenhouse Gases Act S. 708, Regulatory Improvement Act of 2015 S. 1324, Affordable Reliable Electricity Now Act of 2015 S. 1607, Independent Agency Regulatory Analysis Act of 2015 S. 1647, Developing a Reliable and Innovative Vision for the Economy (DRIVE) Act S. 1817, Smarter Regs Act of 2015 S. 1820, Early Participation in Regulations Act of 2015 S. 1927, Require Evaluation before Implementing Executive Wishlists (REVIEW) Act of 2015 S. 2012, North American Energy Security and Infrastructure Act of 2016 S. 2232, Federal Reserve Transparency Act of 2015 S. 2847, Prove It Act of 2016 S. 3040, Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017 Draft legislation titled Data Breach and Cybersecurity Proposed rule to reissue and modify nationwide permits (80 Fed. Reg. 35,186-35,240, June 1, 2016) Final regulations on greenhouse gas emissions from new and existing power plants (80 Fed. Reg. 64,510-64-660, October 23, 2015) (80 Fed. Reg. 64,662-64,964, October 23, 2015) Various issues relating to regulatory reform, including permit streamlining, government transparency in rulemakings, and performing administrative proceedings; environment and energy policy; permit streamlining provisions of Fixing Americas Surface Transportation (FAST) Act (P.L. 114-94, Title 41); oversight of the impact of federal regulations on employment in the U.S; formulation and use of social cost of carbon in environmental and energy related rulemakings, including cost-benefit analyses; proposed and potential environmental regulations on hydraulic fracturing; EPAs use of whole-economy modeling in the rulemaking process, including the formation of a Science Advisory Board panel on the topic; oversight of the claimed benefits and costs of environmental regulations by the EPA; potential amendment to House and Senate budget legislation regarding performance-based contracts for energy savings and Congressional Budget Office scoring; revisions to Information Quality Act (P.L. 106-554, Section 515) private right of action; proposed guidance by the Council on Environmental Quality on how climate change and greenhouse gas emissions should be addressed in environmental reviews under the National Environmental Policy Act of 1969 (P.L. 91-190); proposed amendment to House and Senate appropriations legislation regarding EPAs review of the national ambient air quality standards for ozone; potential amendment to House and Senate appropriations legislation regarding the use of the social cost of carbon in federal rulemaking and policymaking; citizen suits recodifications; open internet order; improved Congressional oversight on Federal Agency Compliance with the Unfunded Mandates Reform Act of 1995 (P.L. 104-4); small business regulatory reform legislation; EPA-USGS Technical Report: Protecting Aquatic Life from Effects of Hydrologic Alteration

S. 2847, Prove It Act of 2016 Various issues relating to the reauthorization of the Small Business Innovation Research (SBIR) program

Client expense: $22,770,000 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Bureau of Industry and Security (BIS), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Financial Protection Bureau (CFPB), Consumer Product Safety Commission (CPSC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Education, Dept of, Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Bureau of Investigation (FBI), Federal Communications Commission (FCC), Federal Reserve System, Federal Trade Commission (FTC), General Services Administration (GSA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Natl Telecommunications & Information Administration (NTIA), Occupational Safety & Health Administration (OSHA), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation Security Administration (TSA), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Copyright Office, U.S. Customs & Border Protection, U.S. Fish & Wildlife Service (USFWS), U.S. Geological Survey (USGS), U.S. Trade Representative (USTR), White House Office