2018 POST-ELECTION WEBINAR. November 7, 2018

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1 2018 POST-ELECTION WEBINAR November 7, 2018

2 ROADMAP 116 th Congress Overview Environment and Energy Infrastructure and Tax Trade and Product Safety Congressional Oversight & Investigation

3 116 th CONGRESS: HOUSE OF REPRESENTATIVES Partisan makeup of the House compared to the previous Congress Flipped from R to D Flipped from D to R Not yet called (dot color is incumbent s party) Democrat 219 Republican 193 Independent 0 Not yet called votes needed to pass Source: The Associated Press

4 116 th CONGRESS: SENATE Partisan makeup of the House compared to the previous Congress Flipped from R to D Flipped from D to R Not yet called (dot color is incumbent s party) Runoff 50 votes for majority Republican 51 Democrat 43 Independent 2 Not yet called 3 Runoff 1 60 votes for supermajority Source: The Associated Press

5 Democrats win a House majority with about 30 seats 2018 U.S. House election results map Republican won Democrat won Election not yet called Democrat 219 Republican 193 Independent 0 Not yet called 23

6 ENVIRONMENT AND ENERGY Anna Burhop and Christine Wyman

7 ENVIRONMENT AND ENERGY Climate platforms A campaign mainstay. Renewed focus on climate change Reinstatement of Select Committee on Climate Change. Messaging hearings will dominate. Continued partisan disagreements, but all in the name of grid reliability. Aggressive administrative reforms of infrastructure permitting will fuel opposition.

8 INFRASTRUCTURE AND TAX Anna Burhop and Liam Donovan

9 INFRASTRUCTURE Historic bipartisan interest But opposing priorities for split chambers. Program authorization expiring Should spur Congressional action. Debate over funding House and Senate will differ on sources of funding.

10 TAX Tax Cuts and Jobs Act (TCJA) Democrats seek rollback, conduct oversight while implementation marches on. Trump tax returns takes center stage Democrats demand tax docs, setting up showdown with White House & Treasury. Bipartisan potential Extenders, technical corrections, retirement and savings, MEP reform. Dem messaging Middle-class tax cuts, preserving entitlements, carbon tax (?).

11 TRADE AND PRODUCT SAFETY Paul Nathanson, Josh Zive and John Lee

12 TRADE New NAFTA (USMCA) vote likely in early 2019 Significant implications for North American trade, particularly energy industry. More Congressional focus on trade Hearings on tariffs but legislation unlikely. If new 232 tariffs on autos/auto parts More oversight. Push for UK, EU and Japan trade deals Not clear if Congress will play along.

13 PRODUCT SAFETY Recent CPSC Changes Republicans only achieved a majority of CPSC commissioners last month. Boost to voluntary standards Commission likely to focus on developing standards using voluntary process. More oversight hearings Greater Congressional oversight of CPSC activities. First hearings Focus will be on products subject to rulemakings. Industry representatives could be called to testify.

14 CONGRESSIONAL OVERSIGHT & INVESTIGATIONS Dee Martin and Josh Zive

15 CONGRESSIONAL OVERSIGHT & INVESTIGATIONS Basic Investigation Preparedness: Evaluate Risk Develop Congressional Champions Build strong relationships with: Members representing the company and its employees Members on key committees of jurisdictions Establish an Early Warning System Develop open lines of communication with legislators / media to shape the narrative of the investigation at an early stage.

16 Dee Martin Partner Scott Segal Partner Ed Krenik Partner Paul Nathanson Partner Josh Zive Partner Christine Wyman Senior Counsel Anna Burhop Principal George Felcyn Principal Liam Donovan Principal John Lee Principal

17 Policy Resolution Group Bracewell LLP 2001 M St. NW, Suite 900 Washington, DC P:

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