Addendum(b) BANKRUPTCY RELIEF.—(1) IN GENERAL.—(A) EXCLUSION FROM CURRENT MONTHLY INCOME.—Section 101(10A)(B)(ii) of title 11, United States Code, is amended—(i) in subclause (III), by striking “; and” and inserting a semicolon; (ii) in subclause (IV), by striking the period at the end and inserting “; and”; (iii) by adding at the end the following:“(V) Payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID–19).”.(B) CONFIRMATION OF PLAN.—Section 1325(b)(2) of title 11, United States Code, is amended by inserting “payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.)

The Patent Provisions of “The Facilitating Innovation to Fight Coronavirus Act”The proposed legislation would impact the term of the following categories of patents:a patent issued for a new or existing pharmaceutical, medical device, or other process, machine, manufacture, or composition of matter, or any new and useful improvement thereof used or intended for use in the treatment of the Coronavirus Disease 2019 (COVID–19).Among the issues to be clarified are whether the proposed legislation would apply to existing patents or only patents granted after its effective date, and what it means for a patent to be “used or intended for use in the treatment of … COVID–19.”The proposed legislation would delay the term of such patents “until the date on which the national emergency declared by the President under the National Emergencies Act (50 U.S.C. § 1601 et seq.) with respect to that disease terminates.

iometric enrollment data, geolocation data, financial data, U.S. government personnel security clearance status, genetic testing results (including genetic sequencing data), personal financial data, and personal health data, all of which is specifically identified in the DoJ ANPRM. Such close overlap begs the question of why the CFIUS regulations appear to be overwritten. Has the Administration determined that the CFIUS regulations do not cast a wide enough net (the CFIUS regulations do require a U.S. business target to collect or maintain such data for at least one million individuals) to stop the flow of sensitive personal data to countries of concern? Only future enactment and enforcement of the DoJ regulation will shed light on this question.---[1] The EO was issued pursuant to the President’s authority under the U.S. Constitution and laws of the United States, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code.

rticular on the risks of data transits using a submarine cable that is owned, operated, or controlled by a country of concern.Health care data will also be subject to the EO due to the concerns that even if it is anonymized, it may still be accessed by countries of concern.The data broker industry is also highlighted in the EO as posing a particular risk of collecting and disseminating bulk sensitive personal data or U.S. Government-related data to countries of concern.In addition to strictly commercial businesses, government contractors are affected by this EO because of the sensitive data they routinely encounter as a result of their federal contracts and grants.What is the President’s claimed authority for doing this?The EO indicates that it was issued pursuant to the authority vested in the President by the Constitution and the laws of the United States including the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. § 1701, et seq., the National Emergencies Act (NEA), 50 U.S.C. § 1601, et seq., and Section 301 of Title 3 of the United States Code.Additionally, the EO seeks to expand the scope of the national emergency declared in EO 13873, Securing the Information and Communications Technology and Services Supply Chain (May 15, 2019) and the additional measures addressed in EO 14034, Protecting Americans’ Sensitive Data from Foreign Adversaries, (June 9, 2021). The President indicates that this EO is needed due to the continuing effort of certain countries of concern to access Americans’ sensitive personal data and U.S. Government-related data, which presents an unusual and extraordinary threat to the national security and foreign policy of the United States.What comes next?The Attorney General will issue draft regulations subject to public notice and comment on prohibited or restricted transactions.The Attorney General will publish a proposed rule for public notice and comment by August 26, 2024, that identifies the class of transactions that meet the criteria for

On August 9, 2023, President Biden issued a long-awaited Executive Order establishing the legal authority for the U.S. Department of Treasury (“Treasury Department”) to institute an unprecedented regulatory regime restricting outbound U.S. investments in China. The Treasury Department issued an advance notice of proposed rulemaking (“ANPRM”) on the same day.The Executive Order is a novel use of presidential authority under the International Emergency Economic Powers Act (50 U.S.C. § 1701 et seq.) (“IEEPA”) and the National Emergencies Act (50 U.S.C. § 1601 et seq.) (“NEA”), two laws heretofore used to issue economic sanctions regulations. This is also the most significant step the U.S. Government has taken to impose a U.S. outbound investment regime.The Executive Order does not ban all U.S. investment in China. Instead, it targets investments into three limited sectors (artificial intelligence, semiconductors and microelectronics, and quantum information technologies).The restrictions cover investments by U.S. persons (including U.S. entities and entities controlled by U.S. persons), into businesses headquartered or formed in China (including Hong Kong and Macau), as well as investments into entities owned by such Chinese businesses or by Chinese citizens or permanent residents (who are not also U.S. citizens or permanent residents).The Executive Order calls for two types of treatment for the different technologies: flat prohibition of investments into some technologies and products, and mandatory notifications for certain lower-sensiti

ding sanctions appear to signal that the U.S. government intends to continue intensifying pressure on the military regime. Except for entities authorized by a general or specific license issued by OFAC or who are otherwise exempt, OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or property interests of designated or otherwise blocked persons.20The prohibitions include contributing or providing funds, goods, or services by, to, or for the benefit of any blocked person or receiving any funds, goods, or services from any such person.21The sanctions additionally block any entities that are majority-owned by one or more blocked persons.222021 Foley & Lardner LLP Summer Associate, Megan Ziesmann contributed to the drafting and research of this article.1 Biden enacted E.O. 14014 pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of Title 3, United States Code. In turn, E.O. 14014 provides a legal basis for the Treasury Department/OFAC to designate specific targets for sanctions.2 Press Release, U.S. Dep’t of State, Designations of Burmese Targets to Promote Justice and Accountability (Oct.6, 2022), https://www.state.gov/designations-of-burmese-targets-to-promote-justice-and-accountability/; see also 31 C.F.R. pt. 525; US Sanctions Myanmar Businessmen over Alleged Russian Arms Deals, Al Jazeera, Oct.7, 2022, https://www.aljazeera.com/economy/2022/10/7/us-sanctions-myanmar-businessmen-over-arms-sales-to-regime.3 The United States refers to the country as “Burma,” although the country’s military government changed the country’s name to “Myanmar” in 1989. See U.S. Dep’t of State, U.S. Relations With Burma (accessed Oct. 31, 2022), https://www.state.gov/u-s-relations-with-burma/#:~:text=The%20military%

for identifying and reporting COVID-19 emergency work performed after July 2, 2022, at the 90% federal cost share level.In addition, as a result of the change in the federal cost share, the draft policy would require applicants to submit applications that separate costs incurred between January 20, 2020, and July 1, 2022 (which will be reimbursed at the 100% federal cost share level), from costs incurred July 2, 2022, and thereafter (which will be reimbursed at the 90% federal cost share level).If you believe your organization may be eligible for FEMA PA Program funding, we encourage you to visit FEMA’s website to determine the local agency responsible for working with applicants to submit grants in order to confirm eligibility and begin the RPA process.1 https://www.govinfo.gov/content/pkg/DCPD-202000156/pdf/DCPD-202000156.pdf; https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/.2 50 U.S.C. §§ 1601 et seq.3 42 U.S.C. §§ 5121 et seq.4 See FEMA Public Assistance Program and Policy Guide (PAPPG) (p. 24).

This latest move, building upon a host of other U.S. economic and export control sanctions, seeks to further divorce the U.S. economy from Russian firms, whether state-owned or otherwise. President Biden issued this ban under the authority granted by Congress through the National Emergencies Act, 50 USC §§1601 et seq., and Section 1 of Title II in the Magnuson Act, 46 USC §76001. Other prior White House actions with respect to Russia’s war on Ukraine have been primarily issued under the International Emergency Economic Powers Act, 50 USC § 1701 et seq.In Proclamation 10371, President Biden declared a national emergency that requires a ban on Russian-affiliated vessels entering any U.S. ports and that directs the Department of Homeland Security to issue new regulations to implement this new directive.

Ending Importation of Russian Oil Act (H.R. 6968)H.R. 6968 codifies into US law a ban on the importation of "[a]ll products of the Russian Federation classified under chapter 27 of the Harmonized Tariff Schedule of the United States[.]" Chapter 27 of the HTSUS covers crude oil, natural gas, and coal, among other products.Pursuant to President Biden’s Executive Order 14066 of March 8, 2022, the United States already prohibits the importation of Russian-origin "crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products[.]" President Biden took this action pursuant to existing legal authorities, namely the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the National Emergencies Act (50 U.S.C. 1601 et seq.) H.R. 6968 clarifies that the new statutory import prohibition will apply "in a manner consistent with any implementation actions issued under Executive Order 14066[.]"2H.R. 6968 is intended to give Congress a role in any future decision to terminate the import prohibition on Russian energy products.

the Covered Period with respect to the applicable covered loan; or (ii) with respect to perishable goods, in effect before or at any time during the Covered Period with respect to the applicable covered loan.Covered Worker Protection Expenditures: A covered worker protection expenditure: (A) means an operating or a capital expenditure to facilitate the adaptation of the business activities of an entity to comply with requirements established or guidance issued by the Department of Health and Human Services, the Centers for Disease Control, or the Occupational Safety and Health Administration, or any equivalent requirements established or guidance issued by a state or local government related to the maintenance of standards for sanitation, social distancing, or any other worker or customer safety requirement related to COVID–19, during the period beginning on March 1, 2020 and ending the date on which the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) expires; (B) may include (i) the purchase, maintenance, or renovation of assets that create or expand— (I) a drive-through window facility; (II) an indoor, outdoor, or combined air or air pressure ventilation or filtration system; (III) a physical barrier such as a sneeze guard; (IV) an expansion of additional indoor, outdoor, or combined business space; (V) an onsite or offsite health screening capability; or (VI) other assets relating to the compliance with the requirements or guidance described in subsection (A), as determined by the Administrator in consultation with the Secretary of Health and Human Services and the Secretary of Labor; and (ii) the purchase of— (I) covered materials described in section 328.103(a) of title 44, Code of Federal Regulations, or any successor regulation; (II) particulate filtering facepiece respirators approved by the National Institute for Occupational Safety and Health, including thos