February 01, 2012
Border Security: Immigration Enforcement Between Ports of Entry
CRS - Border Security: Immigration Enforcement Between Ports of Entry, Marc R. Rosenblum, Specialist in Immigration Policy, January 6, 2012
"Twenty-five years after the Immigration Reform and Control Act of 1986 (IRCA, P.L. 99-603) marked the beginning of the modern era in border enforcement, this report reviews recent enforcement efforts, takes stock of the current state of border security, and considers lessons that may be learned about a quarter century of enhanced migration control efforts at U.S. borders. IRCA authorized a 50% increase in the size of the USBP, and at least 10 additional laws since then have included provisions related to migration enforcement and/or border security. Appropriations for the USBP have increased about 750% since 1989—a number which excludes many other programs related to border enforcement."
January 31, 2012
Boycott Against Scientific Journal Publisher Gathering Supporters
Wired Campus by Josh Fischman: "Elsevier, the global publishing company, is responsible for The Lancet, Cell, and about 2,000 other important journals; the iconic reference work Gray’s Anatomy, along with 20,000 other books—and one fed-up, award-winning mathematician. Timothy Gowers of the University of Cambridge, who won the Fields Medal for his research, has organized a boycott of Elsevier because, he says, its pricing and policies restrict access to work that should be much more easily available. He asked for a boycott in a blog post on January 21, and as of Monday evening, on the boycott’s Web site The Cost of Knowledge, nearly 1,900 scientists have signed up, pledging not to publish, referee, or do editorial work for any Elsevier journal. The company has sinned in three areas, according to the boycotters: It charges too much for its journals; it bundles subscriptions to lesser journals together with valuable ones, forcing libraries to spend money to buy things they don’t want in order to get a few things they do want; and, most recently, it has supported a proposed federal law (called the Research Works Act) that would prevent agencies like the National Institutes of Health from making all articles written by its grant recipients freely available."
January 26, 2012
CRS - Proposed Keystone XL Pipeline: Legal Issues
Proposed Keystone XL Pipeline: Legal Issues, January 23, 2012
"In 2008, TransCanada Corp. applied for a presidential permit from the State Department to construct and operate an oil pipeline across the U.S.-Canada border in a project known as Keystone XL. The Keystone XL pipeline would transport oil produced from oil sands in Alberta, Canada, to Gulf Coast refineries. The permit application was subjected to review by the State Department pursuant to executive branch authority over cross-border pipeline facilities as articulated in Executive Order 13337. After several phases of review, on November 10, 2011, the State Department announced that it would seek additional information about alternative pipeline routes before it could move forward with a national interest determination. In response, several pieces of legislation were introducedThis report reviews those legal issues. First, it suggests that legislation related to cross-border facility permitting is unlikely to raise significant constitutional questions, despite the fact that such permits have traditionally been handled by the executive branch alone pursuant to its constitutional “foreign affairs” authority. Next, it observes generally that state oversight of pipeline siting decisions does not appear to violate existing federal law or the Constitution. Finally, the report suggests that State Department’s implementation of the existing authority to issue presidential permits appears to allow for judicial review of its National Environmental Policy Act determinations."
January 25, 2012
CRS - Presidential Signing Statements: Constitutional and Institutional Implications
Presidential Signing Statements: Constitutional and Institutional Implications - Todd Garvey, Legislative Attorney. January 4, 2012
"Presidential signing statements are official pronouncements issued by the President contemporaneously to the signing of a bill into law that, in addition to commenting on the law generally, have been used to forward the President’s interpretation of the statutory language; to assert constitutional objections to the provisions contained therein; and, concordantly, to announce that the provisions of the law will be administered in a manner that comports with the administration’s conception of the President’s constitutional prerogatives. While the history of presidential issuance of signing statements dates to the early 19th century, the practice has become the source of significant controversy in the modern era as Presidents have increasingly employed the statements to assert constitutional and legal objections to congressional enactments. President Reagan initiated this practice in earnest, transforming the signing statement into a mechanism for the assertion of presidential authority and intent. President Reagan issued 250 signing statements, 86 of which (34%) contained provisions objecting to one or more of the statutory provisions signed into law. President George H. W. Bush continued this practice, issuing 228 signing statements, 107 of which (47%) raised objections. President Clinton’s conception of presidential power proved to be largely consonant with that of the preceding two administrations. In turn, President Clinton made aggressive use of the signing statement, issuing 381 statements, 70 of which (18%) raised constitutional or legal objections. President George W. Bush continued this practice, issuing 161 signing statements, 127 of which (79%) contain some type of challenge or objection. The significant rise in the proportion of constitutional objections made by President George W. Bush was compounded by the fact that his statements were typified by multiple objections, resulting in more than 1,000 challenges to distinct provisions of law. Although President Barack Obama has continued to use presidential signing statements, the Obama Administration has used the interpretive tools with less frequency than previous administrations—issuing 20 signing statements, of which 10 (50%) contain constitutional challenges to an enacted statutory provision."
January 18, 2012
New GAO Reports: Credit Rating Agencies, Dodd-Frank Act, Real Estate Appraisals,
- Credit Rating Agencies - Alternative Compensation Models for Nationally Recognized Statistical Rating Organizations, GAO-12-240, Jan 18, 2012
- Dodd-Frank Act - Hybrid Capital Instruments and Small Institution Access to Capital, GAO-12-237, Jan 18, 2012
- Real Estate Appraisals - Appraisal Subcommittee Needs to Improve Monitoring Procedures, GAO-12-147, Jan 18, 2012
- Real Estate Appraisals - Survey of State Appraiser Regulatory Agencies (GAO-12-198SP, January 2012), an E-supplement to GAO-12-147
GAO-12-198SP
House of Representatives House Launches Transparency Portal
Sunlight Foundation: "Making good on part of the House of Representative's commitment to increase congressional transparency, today the House Clerk's office launched http://docs.house.gov/, a one stop website where the public can access all House bills, amendments, resolutions for floor consideration, and conference reports in XML, as well as information on floor proceedings and more. Information will ultimately be published online in real time and archived for perpetuity. The Clerk is hosting the site, and the information will primarily come from the leadership, the Committee on House Administration, the Rules Committee, and the Clerk's office. The project has been driven by House Republican leaders as part of an push for transparency. Important milestones include the adoption of the new House Rules in January 2011 that gave the Committee on House Administration the power to establish standards for publishing documents online, an April 2011 letter from the Speaker and Majority Leader to the Clerk calling for better public access to House information, a Committee on House Administration hearing in June 2011 on modernizing information delivery in the House, a December 2011 public meeting on public access to congressional information, and finally the late December adoption of online publication standards."
January 15, 2012
2012 Presidential Primary Calendar; 2012 State and Presidential Primary and Caucus Dates
Via The Thicket: "National Conference of State Legislatures's (NCSL) new 2012 Presidential Primary Calendar, and its companion, a state-ordered table, 2012 State and Presidential Primary and Caucus Dates...Jennie Bowser created the lists and checked them against a multitude of official sources. She says, “this year, it was more complicated than ever to assemble this data.” Here are a few of the complications:
- State legislatures decide the dates of primaries (except in the states where parties do);
- Political parties decide the dates of caucuses (except in the states where the legislature does);
- The two major parties don’t always use the same dates in a given state;
- More states changed their dates this year than in any of the last three presidential cycles (and Texas’ date could still change); and,
- Some primaries are “beauty contests” only, designed to bring attention to a state but not to choose delegates to the national conventions where presidential nominees are officially selected.
- To understand all the vagaries in presidential nominating events, the National Association of Secretaries of State has just released a comprehensive report, NASS 2012 Presidential Primaries Guide. In it, you’ll learn the state-by-state details on how the date is chosen, how the primary is funded, who can vote in the primary, and where to find official results."
January 14, 2012
White House Responds to SOPA and PIPA
Follow up to previous posting on ALA - PIPA, SOPA and the OPEN Act Quick Reference Guide, via the White House, Combating Online Piracy while Protecting an Open and Innovative Internet
"Right now, Congress is debating a few pieces of legislation concerning the very real issue of online piracy, including the Stop Online Piracy Act (SOPA), the PROTECT IP Act and the Online Protection and Digital ENforcement Act (OPEN). We want to take this opportunity to tell you what the Administration will support—and what we will not support. Any effective legislation should reflect a wide range of stakeholders, including everyone from content creators to the engineers that build and maintain the infrastructure of the Internet. While we believe that online piracy by foreign websites is a serious problem that requires a serious legislative response, we will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet."
January 11, 2012
ALA - PIPA, SOPA and the OPEN Act Quick Reference Guide
PIPA, SOPA and the OPEN Act Quick Reference Guide, Corey Williams, American Library Association
"Three copyright-related bills are currently in play at the start of 2012 – all of which take aim at any website beyond U.S. borders that distribute counterfeit or copyright infringing products. All three bills operate under the assumption that there is a problem that needs to be solved – and the best, or only, way to combat online infringement overseas is with more law targeted at foreign websites. These bills have the potential to negatively impact fundamental library principles. The following chart is for quick reference (not meant to be comprehensive), and outlines the primary issues and concerns of interest to the library community and those who use the Internet."
January 10, 2012
CRS - National Infrastructure Bank: Overview and Current Legislation
National Infrastructure Bank: Overview and Current Legislation, December 14, 2011. "Several bills to establish a national infrastructure bank have been introduced in the 112th Congress. This report examines three such bills, the Building and Upgrading Infrastructure for Long-Term Development Act (S. 652), the American Infrastructure Investment Fund Act of 2011 (S. 936), and the National Infrastructure Development Bank Act of 2011 (H.R. 402). These proposals share three main goals:
- increasing total investment in infrastructure by encouraging new investment from nonfederal sources;
- improving project selection by insulating decisions from political influence; and
- encouraging new investment with relatively little effect on the federal budget through a mostly self-sustaining entity."
January 03, 2012
EPA IG - EPA Needs to Manage Nanomaterial Risks More Effectively
EPA Needs to Manage Nanomaterial Risks More Effectively - Report No. 12-P-0162 December 29, 2011
"We found that EPA does not currently have sufficient information or processes to effectively manage the human health and environmental risks of nanomaterials. EPA has the statutory authority to regulate nanomaterials but currently lacks the environmental and human health exposure and toxicological data to do so effectively. The Agency proposed a policy under the Federal Insecticide, Fungicide, and Rodenticide Act to identify new pesticides being registered with nanoscale materials. After minimal industry participation in a voluntary data collection program, the Agency has proposed mandatory reporting rules for nanomaterials under the Federal Insecticide, Fungicide, and Rodenticide Act."
December 22, 2011
December 20, 2011
Kaiser Health Tracking Poll - December 2011
Kaiser Health Tracking Poll, December 2011: "The October downturn in the share of Americans with a favorable view of the health reform law, a dip driven by an erosion of support among Democrats, has been fully reversed in December, with support among Democrats rebounding and overall national opinion on the law returning to the roughly even split seen in Kaiser polls for most of 2011. Forty-three percent of Americans expressed unfavorable views of the law in December (compared to 51% and 44% in October and November, respectively), while 41 percent had favorable views (compared to 34% in October and 37% in November). Partisan divisions persist with 64 percent of Democrats backing the law and just as many Republicans (69%) opposing it. The December poll is the latest in a series designed and analyzed by the Foundation’s public opinion research team.
2011 Immigration-Related Laws and Resolutions in the States (Jan. 1–Dec. 7, 2011)
News release: "In 2011, state legislators introduced 1,607 bills and resolutions relating to immigrants and refugees in all 50 states and Puerto Rico. This is a significant increase compared with 2010, when 46 states considered more than 1,400 bills and resolutions pertaining to immigrants. Even though more bills were introduced this year, however, 11 percent fewer were enacted. As of Dec. 7, 2011, 42 states and Puerto Rico had enacted 197 new laws and 109 new resolutions, for a total of 306. Fifteen additional bills passed but were vetoed by governors. Five states—Alabama, Georgia, Indiana, South Carolina and Utah—crafted omnibus laws following the example of Arizona’s 2010 bill, SB 1070. These laws include provisions that: require law enforcement to attempt to determine the immigration status of a person involved in a lawful stop; allow state residents to sue state and local agencies for noncompliance with immigration enforcement; require E-Verify (an employment eligibility verification system); prohibit the harboring or transporting of unauthorized aliens; and make it a violation for failure to carry an alien registration document. Alabama’s HB 56 also requires schools to verify students’ immigration status, but the provision was enjoined by the U.S. District Court."
December 18, 2011
CBO Reports on Troubled Asset Relief Program
Report on the Troubled Asset Relief Program - December 2011: "In October 2008, the Emergency Economic Stabilization Act of 2008 (Division A of Public Law 110-343) established the Troubled Asset Relief Program (TARP) to enable the Department of the Treasury to promote stability in financial markets through the purchase and guarantee of "troubled assets." Section 202 of that legislation requires the Office of Management and Budget (OMB) to submit semiannual reports on the costs of the Treasury’s purchases and guarantees of troubled assets. The law also requires the Congressional Budget Office (CBO) to prepare an assessment of each OMB report within 45 days of its issuance. That assessment must discuss three elements:
- The costs of purchases and guarantees of troubled assets,
- The information and valuation methods used to calculate those costs, and
- The impact on the federal budget deficit and debt."
- See also CBO's Troubled Asset Relief Program: Infographic, December 16, 2011
EIA: Smart Grid Legislative and Regulatory Policies and Case Studies
Smart Grid Legislative and Regulatory Policies and Case Studies, December 12, 2011 [299 pages, PDF]
"In recent years, a number of U.S. states have adopted or are considering smart grid related laws, regulations, and voluntary or mandatory requirements. At the same time, the number of smart grid pilot projects has been increasing rapidly. Recent activity includes the deployment of smart meters, distribution automation and demand response (DR) programs. This increased activity is supported by the disbursement of almost $4.5 billion of American Recovery and Reinvestment Act funding targeted specifically to smart grid initiatives. Federal mandates are promoting smart grid projects, specifically Energy Independence and Security Act of 2007, Title XIII, which establishes a national policy for grid modernization and provides incentives for stakeholders to invest in smart grid initiatives."
December 14, 2011
Changes in Health Insurance Coverage in the Great Recession, 2007-2010
Changes in Health Insurance Coverage in the Great Recession, 2007-2010. Kaiser Commission on Medicaid and the Uninsured
"This issue brief examines changes in health insurance coverage over the last decade, with a focus on how changes in the economy, particularly during the "Great Recession" of 2007 to 2009, have affected coverage and the number of uninsured. The paper finds that the number of uninsured grew substantially during the first recession of the decade, increasing by 5 million people from 2000 to 2004; increased more slowly during the brief recovery, growing by 2.1 million people from 2004 to 2007; and then again rose significantly during the Great Recession, rising by 5.7 million people since 2007. The paper also finds that coverage, especially for children, through the Medicaid and Children’s Health Insurance Programs helped to prevent even more people from being uninsured. While the number of uninsured children declined in recent years, the number of uninsured adults rose. The only notable drop in uninsured adults was for young adults ages 19-25 in 2010, most likely due to the provision of the health reform law that permits young adults to stay on their parents’ insurance. The paper also considers trends in coverage by work status, race and ethnicity, citizenship status and geographical region."
See also 2.5 Million Young Adults Gain Health Insurance Due to the Affordable Care Act
EFF Position on Stop Online Piracy Act (SOPA)
How SOPA Affects Students, Educators, and Libraries: "...Libraries represent another educational group that could face fallout from SOPA. The Library Copyright Alliance, a group whose members include the American Library Association and two other major library organizations, has also written a letter to the House of Representatives raising major issues with the bill. Alarmingly, the librarians point to “three pending copyright infringement lawsuits against universities and their libraries relating to their use of digital technology,” reflecting “a growing tension between rights holders and libraries, and some rights holders’ increasingly belligerent enforcement mentality.” That same enforcement mentality, under SOPA, could lead to criminal prosecutions of libraries, even for activities that are a fair use and conducted without the intention of commercial gain."
EFF - The OPEN Act: The Good, the Bad, and a Practice in Participatory Government
2.5 Million Young Adults Gain Health Insurance Due to the Affordable Care Act
News release: "Results released today [12/14/11] by the National Center for Health Statistics demonstrate that the extension of dependent coverage up to age 26 has increased the number of young adults with health insurance, by even more than prior analyses had suggested.[1] This policy, enacted as part of the Affordable Care Act, took effect for insurance plan renewals beginning on September 23, 2010, and was designed to address the fact that young adults have traditionally been the age group least likely to have health insurance. These new estimates show that from September 2010 to June 2011, the percentage of adults 19 to 25 with insurance coverage increased from 64% to 73%, which translates into 2.5 million additional young adults with coverage.[2] This shows a marked continuation of the coverage gains from the Affordable Care Act; estimates based on data from earlier in the year showed that this provision of the Act had led to the extension of coverage to one million young adults.[3]"
December 13, 2011
CBO Cost Estimate - H.R. 1905 Iran Threat Reduction Act of 2011
H.R. 1905 - Iran Threat Reduction Act of 2011
"H.R. 1905 would amend and expand existing sanctions against Iran. CBO estimates that implementing the bill would have a discretionary cost of $128 million over the 2012-2016 period, assuming appropriation of the necessary amounts. In addition, enacting the bill would increase revenues by $57 million over the 2012-2021 period and have insignificant effects on direct spending; therefore, pay-as-you-go procedures apply. The sanctions contained in H.R. 1905 would be intergovernmental and private sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). CBO cannot determine whether the cost of complying with those mandates would exceed the annual threshold for private-sector mandates ($42 million in 2011, adjusted annually for inflation). We estimate that compliance costs would not exceed the threshold for intergovernmental mandates ($71 million in 2011, adjusted annually for inflation)."
December 12, 2011
Smart Grid Legislative and Regulatory Policies and Case Studies
Smart Grid Legislative and Regulatory Policies and Case Studies, December 12, 2011
"In recent years, a number of U.S. states have adopted or are considering smart grid related laws, regulations, and voluntary or mandatory requirements. At the same time, the number of smart grid pilot projects has been increasing rapidly. Recent activity includes the deployment of smart meters, distribution automation and demand response (DR) programs. This increased activity is supported by the disbursement of almost $4.5 billion of American Recovery and Reinvestment Act funding targeted specifically to smart grid initiatives. Federal mandates are promoting smart grid projects, specifically Energy Independence and Security Act of 2007, Title XIII, which establishes a national policy for grid modernization and provides incentives for stakeholders to invest in smart grid initiatives. In 2010, EIA commissioned SAIC to research the development of smart grid in the United States and abroad. The research produced several documents that will help guide EIA as it considers how best to track smart grid developments."
Effects of Tax on Financial Transactions That Would Be Imposed by Wall Street Trading and Speculators Tax Act
Response to Questions About the Effects of a Tax on Financial Transactions That Would Be Imposed by the Wall Street Trading and Speculators Tax Act, December 12. 2011
"The Impact of the Tax on Gross Domestic Product and U.S. Jobs - The tax’s effect on economic output in the United States would depend on several factors: how the tax would influence the amount and productivity of investment; how resources would be reallocated from the U.S. financial sector to other sectors of the economy and to overseas financial markets; and how the tax would alter the value of existing financial assets. In the short term, imposing the transaction tax would probably reduce output and employment. Beyond the first few years, however, the tax’s net impact on the economy is unclear."
December 11, 2011
Paper: The Dodd-Frank Act and Housing Finance
The Dodd-Frank Act and Housing Finance, Levitin, Adam J., Pavlov, Andrey D. and Wachter, Susan M., (November 17, 2011). Yale Journal on Regulation, Forthcoming; U of Penn, Inst for Law & Econ Research Paper No. 11-35.
"Private risk capital has virtually disappeared from the U.S. housing finance market since the market’s collapse in 2008. This Article argues that private risk capital is unlikely to return on any scale until the informational problems in housing finance are resolved so that investors can accurately gauge and price the risks they assume. The Dodd-Frank Act represents a first step in reforming the U.S. housing finance. It takes a multi-layered approach, regulating both loan origination and securitization. Dodd-Frank’s reforms, however, fail to adequately address the opacity of credit risk information in mortgage markets and thus are insufficient for the restoration of private risk capital. The Article argues that Dodd-Frank reforms like “skin-in-the-game” credit risk retention fail to solve the informational problems in the housing finance market, as they merely replace one informational opacity with another. Instead, the Article argues, it is necessary to institute structural changes in the housing finance market, particularly the standardization of mortgage securitization, that force the production of information necessary for accurate risk-pricing."
December 09, 2011
Cost Estimate for H.R. 3630, Middle Class Tax Relief and Job Creation Act of 2011
Cost Estimate for H.R. 3630, Middle Class Tax Relief and Job Creation Act of 2011 - December 9, 2011
"According to CBO’s and JCT’s estimates, enacting H.R. 3630 would change revenues and direct spending to produce increases in the deficit of
$166.8 billion in fiscal year 2012 and $25.3 billion over the 2012-2021 period. Relative to discretionary spending projected under current law and assuming compliance with the current-law caps on discretionary appropriations for the next 10 years, CBO estimates that the proposed changes in discretionary funding caps under H.R. 3630 would lead to a reduction in projected discretionary spending of $26.2 billion over the 2012-2021 period."
December 05, 2011
Spending Patterns for Prescription Drugs Under Medicare Part D
CBO - Spending Patterns for Prescription Drugs Under Medicare Part D, December 2011: "The centerpiece of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Medicare Modernization Act) was the creation of Medicare Part D, a subsidized pharmaceutical benefit that went into effect in 2006. That additional coverage—which provides outpatient prescription drug insurance to seniors and to people under age 65 with certain disabilities—constituted the most substantial expansion of the Medicare program since its inception in 1965. In 2010, the federal government spent $62.0 billion on Part D, representing 12 percent of total federal spending for Medicare that year."
Governmental Tracking of Cell Phones and Vehicles: The Confluence of Privacy, Technology, and Law
CRS - Governmental Tracking of Cell Phones and Vehicles: The Confluence of Privacy, Technology, and Law. Richard M. Thompson, Law Clerk, December 1, 2011
"Legislation has been introduced in the 112th Congress that proposes to update, clarify, or, in some instances, strengthen the privacy interests protected under the law and give law enforcement a clearer framework for obtaining crucial crime-fighting information. In particular, Senator Ron Wyden and Representative Jason Chaffetz introduced identical legislation, S. 1212 and H.R. 2168, entitled the Geolocational Privacy and Surveillance Act, or GPS bill, which would make it unlawful for a service provider to disclose or law enforcement to intercept or use a person’s location unless they obtained a warrant based upon probable cause or one of the limited exceptions applies. Senator Patrick J. Leahy has introduced the Electronic Communications Privacy Act Amendment Act of 2011 (S. 1011), which not only includes a warrant requirement for geolocation information, but also overhauls and updates other provisions of federal electronic surveillance law...This report will briefly survey Fourth Amendment law as it pertains to the government’s tracking programs. It will then summarize federal electronic surveillance statutes and the case law surrounding cell phone location tracking. Next, the report will describe the GPS-vehicle tracking cases and review the pending Supreme Court GPS tracking case, United States v. Jones. Finally, the report will summarize the geolocation and electronic surveillance legislation introduced in the 112th Congress."
Congressional Lawmaking: A Perspective On Secrecy and Transparency
CRS - Congressional Lawmaking: A Perspective On Secrecy and Transparency - Walter J. Oleszek, Senior Specialist in American National Government, November 30, 2011
"Openness is fundamental to representative government. Yet the congressional process is replete with activities and actions that are private and not observable by the public. How to distinguish reasonable legislative secrecy from impractical transparency is a topic that produces disagreement on Capitol Hill and elsewhere. Why? Because lawmaking is critical to the governance of the nation. Scores of people in the attentive public want to observe and learn about congressional proceedings. Yet secrecy is an ever-present part of much legislative policymaking; however, secrecy and transparency are not “either/or” constructs. They overlap constantly during the various policymaking stages. The objectives of this report are four-fold:
- first, to outline briefly the historical and inherent tension between secrecy and transparency in the congressional process;
- second, to review several common and recurring secrecy/transparency issues that emerged again with the 2011 formation of the Joint Select Deficit Reduction Committee;
- third, to identify various lawmaking stages typically imbued with closed door activities; and
- fourth, to close with several summary observations."
November 30, 2011
New GAO Reports: Palau, Haiti, Medicare Advantage, Mental Health and Substance Use, Private Health Insurance, Recovery Act, SBA, VA
- Compact of Free Association: Proposed U.S. Assistance to Palau for Fiscal Years 2011- 2024, GAO-12-249T, Nov 30, 2011
- Earned Import Allowance Program for Haiti, GAO-12-204R, Nov 30, 2011
- Medicare Advantage: Enrollment Increased from 2010 to 2011 while Premiums Decreased and Benefit Packages Were Stable, GAO-12-93, Oct 31, 2011
- Mental Health and Substance Use: Employers' Insurance Coverage Maintained or Enhanced Since Parity Act, but Effect of Coverage on Enrollees Varied, GAO-12-63, Nov 30, 2011
- Private Health Insurance: Early Indicators Show That Most Insurers Would Have Met or Exceeded New Medical Loss Ratio Standards, GAO-12-90R, Oct 31, 2011
- Recovery Act: Status of Science-Related Funding, GAO-12-279T, Nov 30, 2011
- Service-Disabled Veteran-Owned Small Business Program: Additional Improvements to Fraud Prevention Controls Are Needed, GAO-12-205T, Nov 30, 2011
- Service-Disabled Veteran-Owned Small Business Program: Additional Improvements to Fraud Prevention Controls Are Needed, GAO-12-152R, Oct 26, 2011
- Small Business Administration: Progress Continues in Addressing Reforms to the Disaster Loan Program, GAO-12-253T, Nov 30, 2011
- Veterans Administration Procurement: Protests Concerning Service-Disabled Veteran-Owned Small Business Preferences Sustained, GAO-12-278T, Nov 30, 2011
November 29, 2011
Cost Estimate for S. 1867, National Defense Authorization Act for Fiscal Year 2012
Cost Estimate for S. 1867, National Defense Authorization Act for Fiscal Year 2012, November 29, 2011
"S. 1867 would authorize appropriations totaling $662 billion for fiscal year 2012 for the military functions of the Department of Defense (DoD), for certain activities of the Department of Energy (DOE), and for other purposes. That total includes $117 billion for the cost of overseas contingency operations, primarily in Afghanistan and Iraq. The bill also would authorize a new foreign assistance program that CBO estimates would increase costs to the Department of State by about $100 million annually from 2012 to 2014. In addition, S. 1867 would prescribe personnel strengths for each active-duty and selected-reserve component of the U.S. armed forces. CBO estimates that appropriation of the authorized amounts would result in outlays of $652 billion over the 2012-2016 period. estimates would increase costs to the Department of State by about $100 million annually from 2012 to 2014. In addition, S. 1867 would prescribe personnel strengths for each active-duty and selected-reserve component of the U.S. armed forces. CBO estimates that appropriation of the authorized amounts would result in outlays of $652 billion over the 2012-2016 period."
November 22, 2011
Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output from 7/11-9/11
Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output from July 2011 Through September 2011, November 2011
"The American Recovery and Reinvestment Act of 2009 (ARRA) contains provisions that are intended to boost economic activity and employment in the United States. Section 1512(e) of the law requires the Congressional Budget Office (CBO) to comment on reports filed by recipients of ARRA funding that detail the number of jobs funded through their activities. This CBO report fulfills that requirement. It also provides CBO’s estimates of ARRA’s overall impact on employment and economic output in the third quarter of calendar year 2011, as well as over the entire period since February 2009. Those estimates—which CBO considers more comprehensive than the recipients’ reports—are based on evidence from similar policies enacted in the past and on the results of various economic models."
November 16, 2011
Sunlight Foundation Update: Digitizing Legislative Documents
A Year Later, Little Progress on Digitizing Legislative Documents, Daniel Schuman: "A year ago today, Congress' Joint Committee on Printing directed that three sets of vital legislative and legal documents be published online "as quickly as possible." We've reviewed how well that order was implemented, and the results are not encouraging. Of the three documents, there's only apparent progress on one. The vital documents are the Constitution Annotated, the Congressional Record, and the Statutes at Large. The Government Printing Office is responsible for publishing them, and shares that responsibility to a certain extent with the Library of Congress and its subsidiary agencies, the Congressional Research Service and the Law Library of Congress. These agencies are custodians of America's heritage, and have an important obligation to make it available to every citizen. Here's how they've performed..."
Legislative history of the Postal Accountability and Enhancement Act
Legislative History of the Postal Accountability and Enhancement Act Public Law 109-435, James I. Campbell Jr.,
September 2007. Includes a summary of the evolution of the bill over 10 years, the public law, congressional debates, most recent committee reports (and related bills), and presidential signing statement. 1077 pages.
November 10, 2011
EBRI - Tax Reform Options: Promoting Retirement Security
Tax Reform Options: Promoting Retirement Security by Jack VanDerhei, Employee Benefit Research Institute: "Currently, the combination of worker and employer contributions in a defined contribution plan is capped by the federal tax code at the lesser of $49,000 per year or 100 percent of a worker’s compensation (participants over age 50 can made additional “catch-up” contributions). As part of the effort to lower the federal deficit and reduce federal “tax expenditures,” two major reform proposals have surfaced that would change current tax policy toward retirement savings:
- A plan that would end the existing tax deductions for 401(k) contributions and replace them with a flat-rate refundable credit that serves as a matching contribution into a retirement savings account.
- The so-called “20/20 cap,” included by the National Commission on Fiscal Responsibility and Reform in their December 2010 report, The Moment of Truth, which would limit the sum of employer and worker annual contributions to the lower of $20,000 or 20 percent of income, the so-called “20/20 cap.”
New GAO Reports: Dodd-Frank Act Regulations, IRS's Financial Audit, Medicaid
- Dodd-Frank Act Regulations: Implementation Could Benefit from Additional Analyses and Coordination, GAO-12-151, Nov 10, 2011
- Financial Audit: IRS's Fiscal Years 2011 and 2010 Financial Statements, GAO-12-165, Nov 10, 2011
- Financial Audit: Office of Financial Stability (Troubled Asset Relief Program) Fiscal Years 2011 and 2010 Financial Statements, GAO-12-169, Nov 10, 2011
- Medicaid: Prototype Formula Would Provide Automatic, Targeted Assistance to States during Economic Downturns, GAO-12-38, Nov 10, 2011
November 06, 2011
New Paper: Why parents help their children lie to Facebook about age: Unintended consequences of the COPPA
"The Berkman Center for Internet & Society is pleased to share a new paper published in First Monday, Why parents help their children lie to Facebook about age: Unintended consequences of the ‘Children’s Online Privacy Protection Act,’ authored by Berkman community members danah boyd, Eszter Hargittai, Jason Schultz, and John Palfrey.
Abstract from the authors: Facebook, like many communication services and social media sites, uses its Terms of Service (ToS) to forbid children under the age of 13 from creating an account. Such prohibitions are not uncommon in response to the Children’s Online Privacy Protection Act (COPPA), which seeks to empower parents by requiring commercial Web site operators to obtain parental consent before collecting data from children under 13. Given economic costs, social concerns, and technical issues, most general–purpose sites opt to restrict underage access through their ToS. Yet in spite of such restrictions, research suggests that millions of underage users circumvent this rule and sign up for accounts on Facebook. Given strong evidence of parental concern about children’s online activity, this raises questions of whether or not parents understand ToS restrictions for children, how they view children’s practices of circumventing age restrictions, and how they feel about children’s access being regulated. In this paper, we provide survey data that show that many parents know that their underage children are on Facebook in violation of the site’s restrictions and that they are often complicit in helping their children join the site. Our data suggest that, by creating a context in which companies choose to restrict access to children, COPPA inadvertently undermines parents’ ability to make choices and protect their children’s data. Our data have significant implications for policy–makers, particularly in light of ongoing discussions surrounding COPPA and other age–based privacy laws."
October 26, 2011
EFF Sues for Answers About PATRIOT Act on Law's 10th Anniversary
News release: "The Electronic Frontier Foundation (EFF) sued the Department of Justice (DOJ) today for answers about "secret interpretations" of the USA PATRIOT Act, signed into law ten years ago today. Several senators have warned that the DOJ is using Section 215 of the PATRIOT Act to support what government attorneys call a "sensitive collection program" that may be targeting large numbers of Americans. Section 215 allows for secret court orders to obtain "tangible things" when the FBI certifies they are relevant to a government investigation. The list of possible "tangible things" the government can obtain is seemingly limitless, and could include everything from driver's license records to Internet browsing patterns. Section 215 also limits the court's discretion to deny the order and prevents the recipient of an order from disclosing its existence."
October 19, 2011
Report: Top Ways Obama Administration Should Strengthen Endangered Species Act
News release: "The Center for Biological Diversity released a new report today outlining the best ways to ensure that plants and animals protected under the Endangered Species Act get the help they need and that’s required by law. The report, A Future for All: A Blueprint for Strengthening the Endangered Species Act, includes 20 important policy recommendations for the Obama administration to improve implementation of the Endangered Species Act. The proposals range from addressing global warming and safeguarding critical habitat to protecting species from harm and fully funding efforts to protect them from extinction...Today’s report follows an announcement earlier this year that the U.S. Fish and Wildlife Service and National Marine Fisheries Service are developing new regulations for the Endangered Species Act to ensure they are “up-to-date, clear, and effective.” So far, details of the changes have yet to be released. “A Future for All” outlines some of the most pressing recommendations for implementing the Act."
October 18, 2011
Report - The Delay Game: How the Chemical Industry Ducks Regulation of the Most Toxic Substances
News release: "By exploiting loopholes in the law, the chemical industry for decades has systematically subverted Environmental Protection Agency efforts to protect public health, a study by the Natural Resources Defense Council found. As a result, the industry has made enormous profits while delaying restrictions on unsafe chemicals, largely by ginning up scientific uncertainties, according to the NRDC study, released today. "These industry tactics have prolonged the exposure of millions of people to toxic chemicals such as TCE, formaldehyde and styrene, which can cause serious harm," said Jennifer Sass, senior scientist with NRDC's Health Program. Trichloroethylene, or TCE, is a solvent used for metal degreasing; formaldehyde is a cancer-causing agent used to manufacture plywood, particle boards and glues; and styrene is a toxic substance found in plastics, latex paint, synthetic rubbers and polyesters....The NRDC report, The Delay Game: How the Chemical Industry Ducks Regulation of the Most Toxic Substances, is a case-study of how the chemical industry has stymied government action that would protect the public from exposure to TCE, formaldehyde and styrene. The study highlights the need to update the 35-year old Toxic Substances Control Act, so that the EPA can test, assess and regulate chemicals in a timely manner in order to protect public health. Because the law has never been updated, the public has been exposed to thousands of chemicals in consumer products that have never been tested for safety by EPA."
October 16, 2011
Markey to Amazon: Don’t Hold a Kindle Fire Sale on Privacy
News release: "Concerned that the pairing of the new Kindle Fire tablet with its must-use Silk browser means Amazon could track each Web click of Kindle Fire users Congressman Edward J. Markey (D-Mass.) [October 14, 2011] sent a letter to Amazon’s CEO asking for responses to questions about tablets users’ privacy and security...In May 2011, Reps. Markey and Joe Barton (R-Texas) introduced the Do Not Track Kids Act of 2011, bipartisan legislation that amends the Children’s Online Privacy Protection Act of 1998 to extend, enhance and update the provisions relating to the collection, use and disclosure of children’s personal information. The legislation also establishes new protections for the personal information of children and teens."
October 11, 2011
Federal Reserve Board seeks comment on proposal to implement "Volcker Rule" requirements of the Dodd-Frank Act
News release: "The Federal Reserve Board on Tuesday requested public comment on a proposed regulation implementing the so-called "Volcker Rule" requirements of section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 619 generally contains two prohibitions. First, it prohibits insured depository institutions, bank holding companies, and their subsidiaries or affiliates (banking entities) from engaging in short-term proprietary trading of any security, derivative, and certain other financial instruments for a banking entity's own account, subject to certain exemptions. Second, it prohibits owning, sponsoring, or having certain relationships with, a hedge fund or private equity fund, subject to certain exemptions. The act also prohibits banking entities from engaging in an exempted transaction or activity if it would involve or result in a material conflict of interest between the banking entity and its clients, customers, or counterparties, or that would result in a material exposure to high-risk assets or trading strategies, in each case as defined by the rule. The act similarly prohibits banking entities from engaging in an exempted transaction or activity if it would pose a threat to the safety and soundness of the banking entity or to the financial stability of the United States. The proposal, which was developed jointly with the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Securities and Exchange Commission, and the Commodity Futures Trading Commission, clarifies the scope of the act's prohibitions and, consistent with statutory authority, provides certain exemptions to these prohibitions. It is anticipated these agencies will issue a comparable proposal today or in the near future."
October 05, 2011
Cell Phone and Texting Laws
Governors Highway Safety Administration, Cell Phone Laws and Texting, October 2011 - "This chart outlines all state cell phone and text messaging laws. Some local jurisdictions may have additional regulations. Enforcement type is shown in parenthesis.
- Handheld Cell Phones: 9 states, D.C. and the Virgin Islands prohibit all drivers from using handheld cell phones while driving. Except for Maryland, all laws are primary enforcement—an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place.
- All Cell Phone Use: No state bans all cell phone use (handheld and hands-free) for all drivers, but many prohibit all cell phone use by certain drivers - Novice Drivers: 30 states and D.C. ban all cell phone use by novice drivers. School Bus Drivers: Bus drivers in 19 states and D.C. may not use a cell phone when passengers are present.
- Text Messaging: 34 states, D.C. and Guam ban text messaging for all drivers. 31 states, D.C., and Guam have primary enforcement; the others, secondary. Novice Drivers: An additional 7 states prohibit text messaging by novice drivers. School Bus Drivers: 3 states restrict school bus drivers from texting while driving.
- Some states such as Maine, N.H. and Utah treat cell phone use and texting as part of a larger distracted driving issue. In Utah, cellphone use is an offense only if a driver is also committing some other moving violation (other than speeding)."
September 29, 2011
FTC Settlement Bans Alleged Spammer from Sending Unsolicited Text Messages
News release: An operator who allegedly sent millions of illegal spam text messages to consumers is banned from sending any unsolicited text messages, under a settlement agreement with the Federal Trade Commission entered by a federal court. According to the FTC complaint filed in February 2011, the marketer sent a “mind-boggling” number of unsolicited commercial text messages pitching mortgage modification services to consumers, and misrepresented that he was affiliated with a government agency. The FTC alleged that many consumers had to pay fees to their mobile carriers to receive the unsolicited text messages. The FTC also alleged that the marketer advertised his text message blasting services by sending consumers illegal spam. The agency charged him with violating the FTC Act and the CAN-SPAM Act."
September 23, 2011
Obama Deficit Plan Would Allow Debt Collector Robo-Calls to Cell Phones
News release: "Buried in President Obama’s deficit reduction plan (see page 28) is a proposal to allow debt collectors “to contact delinquent debtors via their cellular phones” when collecting debts owed to or guaranteed by the federal government. The proposal will not help reduce the deficit and is harmful for consumers, the National Consumer Law Center warned...Currently, debt collection calls to cell phones are limited because collectors must check their phone number lists against a list of known cell phones and cannot call those numbers unless the consumer has provided that number as a way of reaching them. Though the proposal is limited to debts owed or guaranteed by the federal government, millions of consumers will be affected, including graduates who can’t pay their loans due to the terrible job market, homeowners who are behind in mortgages, and people who are in tax disputes with the Internal Revenue Service. Families who have lost their homes to foreclosure could be exposed to cell phone calls for years if the delinquency on their mortgage is sold to debt buyers."
September 22, 2011
CCH Tax Briefing on President Obama's Deficit Reduction Plan
Obama Aims For $1.5 Trillion In New Tax Revenue To Reduce Deficit, September 21, 2011
"President Obama unveiled a $3 trillion federal budget Deficit Reduction Plan on September 19, 2011 including $1.5 trillion in tax increases. Th e President’s Deficit Reduction Plan (“Living Within Our Means and Investing in the Future: The President’s Plan For Economic Growth and Deficit Reduction”) makes good on his pledge to produce a balanced deficit reduction package, one that combines spending cuts with revenue raisers. Increased taxes on higher income individuals would account for a significant portion of the revenue raised under the President’s Deficit Reduction Plan. Other areas targeted for tax hikes include the oil, gas and coal industries, certain international activities and more."
BEA State Personal Income: Second Quarter 2011
News release: "State personal income growth slowed to 1.1 percent, on average, in the second quarter of 2011, down from 2.1 percent in the first quarter, according to estimates released today by the U.S. Bureau of Economic Analysis. Growth rates ranged from 2.2 percent in Nebraska and South Dakota to 0.7 percent in the states of Washington and Georgia. Inflation, as measured by the national price index for personal consumption expenditures, decreased to 0.8 percent in the second quarter from 1.0 percent in the first quarter of 2011. The deceleration in the second quarter brought personal income growth back to the rate prevailing in the last two quarters of 2010. Personal income growth had been boosted 0.8 percentage point in the first quarter by a reduction in the personal contribution rate for social security, one of the provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010."
Patent Reform Unleashing Innovation, Promoting Economic Growth & Producing High-Paying Jobs
House Committee on the Judiciary: Background on H.R. 1249, the America Invents Act: "On June 23 the House overwhelmingly approved HR 1249, the America Invents Act, by a vote of 304-117. H.R. 1249 updates our patent system to encourage innovation, job creation, and economic growth. The last major patent reform was nearly 60 years ago. Since then, U.S. innovators have developed cell phones and launched the Internet. And yet the laws protecting the technologies of today are stuck in the past. The current system is bogged down by frivolous lawsuits and uncertainty regarding patent ownership. America’s innovators spend years and millions of dollars defending their claims to patent ownership. Meanwhile, our competitors are busy developing new products that expand their businesses and grow their economies. This year, for the first time, China is expected to become the world’s number one patent publisher, surpassing the U.S. and Japan in the total and basic number of patents. Our outdated patent system has become a barrier to innovation. We cannot expect America’s innovators and job creators to keep pace with the global marketplace with the patent system of the past. We need a system that ensures patent certainty, approves good patents quickly and weeds out bad patents effectively."
Patent Reform Unleashing Innovation, Promoting Economic Growth & Producing High-Paying Jobs, A White Paper from the U.S. Department of Commerce, April 13, 2010: "Stimulating economic growth and creating high-paying jobs are key priorities for the Obama Administration. This paper provides data demonstrating that technological innovation is a key driver of a pro-growth, job-creating agenda. It further demonstrates that patent reform legislation, by accelerating the pace of growth and of job creation, will be a powerful and deficit-neutral mechanism for expanding America’s ability to innovate."
September 19, 2011
The President’s Plan for Economic Growth and Deficit Reduction
Living Within Our Means and Investing in the Future - The President’s Plan for Economic Growth and Deficit Reduction, September 19, 2011
"...The plan [The American Jobs Act - text included in this report] also realizes more than $1 trillion in savings over the next 10 years from our draw downs in Afghanistan and Iraq. And the plan calls for the Congress to undertake comprehensive tax reform that lowers tax rates, closes loopholes, boosts job creation here at home, cuts the deficit by $1.5 trillion, and observes the Buffett Rule—that people making more than $1 million a year should not pay a smaller share of their income in taxes than middle-class families pay. To assist the Committee in its work, I also included specific tax loophole closers and measures to broaden the tax base. Together with the expiration of the high-income tax cuts from 2001 and 2003, these measures would be more than enough to reach this $1.5 trillion target. They include cutting tax preferences for high-income households, eliminating tax breaks for oil and gas companies, closing the carried interest loophole for investment fund managers, and eliminating benefits for those who use corporate jets."
Fact Sheet: The American Jobs Act and the text of the American Jobs Act of 2011
September 18, 2011
FTC Seeks Comment on Proposed Revisions to Children's Online Privacy Protection Rule
News release: "The Federal Trade Commission is seeking public comment on proposed amendments to the Children’s Online Privacy Protection Rule, which gives parents control over what personal information websites may collect from children under 13. The FTC proposes these amendments to ensure that the Rule continues to protect children’s privacy, as mandated by Congress, as online technologies evolve. The Commission proposes modifications to the Rule in five areas: definitions, including the definitions of “personal information” and “collection,” parental notice, parental consent mechanisms, confidentiality and security of children’s personal information, and the role of self-regulatory “safe harbor” programs."
September 15, 2011
Industrial Organization and Systemic Risk: An Agenda for Further Research
Industrial Organization and Systemic Risk: An Agenda for Further Research, Federal Reserve Governor Daniel K. Tarullo At the Conference on the Regulation of Systemic Risk, Federal Reserve Board, Washington, D.C., September 15, 2011
"Regulators must consider how new resolution frameworks such as that created by Dodd-Frank will affect market participants' beliefs about what will happen in the case of distress at a large financial institution and, consequently, how cooperative behavior among financial counterparties might change. Orderly liquidation authority can be understood as a "credible threat" on the part of regulators to allow a troubled institution to fail. Resolution plan requirements may allow other firms to better anticipate the consequences of such a failure and, as a result, to reduce the cost of uncertainty for those firms. Both of these features of Dodd-Frank have, in theory, the potential to weaken implicit cooperative arrangements during a crisis. Even so, game theorists would point out that the anticipated breakdown of cooperation in the future would alter the types of arrangements firms would be willing to enter into in the first place, and that this could, in turn, reduce risky behavior and the likelihood that a crisis would occur."
Related postings on financial system
CCH Tax Briefing: President Proposes $447 Billion Jobs Package
President Proposes $447 Billion Jobs Package, Updated: September 15, 2011: "President Obama has challenged Congress to immediately pass the American Jobs Act of 2011 – a $447 billion jobs package, including payroll tax cuts and tax credits to encourage hiring, along with extended 100 percent bonus depreciation, which would be paid for by limiting deductions for higher income taxpayers and changing the taxation of carried interest. The President described his jobs package during a speech to a Joint Session of Congress on September 8 and unveiled the legislative text on September 12."
September 14, 2011
Kaiser Survey - More than half of uninsured unaware of health reform benefits
Kaiser Health Tracking Poll - "The August 2011 tracking poll examines the views of Americans without health insurance, with a particular focus on how they think the health reform law will affect them. Findings from the poll include:
- Although estimates are that 32 million uninsured Americans will gain coverage under the ACA, only about half of non-elderly Americans currently without coverage say they are familiar with the chief components in the law designed to achieve this goal.
- Perhaps because awareness of these coverage expansions is low, nearly half (47%) of the uninsured do not expect to be affected at all by the health reform law, either positively or negatively. But three in ten (31%) do say it will help them get health care. Fourteen percent expect to be hurt by the law, mainly because they worry they will be required to buy coverage they cannot afford.
- With health reform somewhat less in the news as the debt ceiling debate took center stage, there has been a decline in public awareness about provisions that advocates have touted as key benefits of health reform.
- On another health policy issue in the news, two-thirds of Americans (66%) say they support the recent decision by the Department of Health and Human Services to require health insurance plans to pay for the full cost of birth control and other preventive services for women under the new law, and 24 percent of the public oppose the decision.
- Overall public opinion about the ACA once again remains largely unchanged. Thirty-nine percent of Americans say they have a favorable view of the law, 44 percent have an unfavorable one and another 17 percent don’t know enough to register an opinion."
September 12, 2011
Estimated Impact of Automatic Budget Enforcement Procedures Specified in the Budget Control Act September 12, 2011
Estimated Impact of Automatic Budget Enforcement Procedures Specified in the Budget Control Act, September 12, 2011
"The Budget Control Act of 2011 (enacted on August 2 as Public Law 112-25) made several changes to federal programs and established budget enforcement mechanisms—including caps on future discretionary appropriations—that were estimated to reduce federal budget deficits by a total of at least $2.1 trillion over the 2012–2021 period. The caps on discretionary appropriations will decrease spending (including debt-service costs) by an estimated $0.9 trillion during that period, compared with what such spending would have been if annual appropriations had grown at the rate of inflation. At least another $1.2 trillion in deficit reduction was anticipated from provisions related to a newly established Congressional Joint Select Committee on Deficit Reduction. That committee is charged with proposing legislation to trim budget deficits by at least $1.5 trillion between 2012 and 2021. However, if legislation originating from the committee and estimated to produce at least $1.2 trillion in deficit reduction (including an allowance for interest savings) is not enacted by January 15, 2012, automatic procedures for cutting both discretionary and mandatory spending will take effect. The magnitude of those cuts would depend on any shortfall in the estimated effects of such legislation relative to the $1.2 trillion amount."
American Jobs Act of 2011
President Obama's message to Congress, and the text of American Jobs Act of 2011
The American people understand that the economic crisis and the deep recession were not created overnight and will not be solved overnight. The economic security of the middle class has been under attack for decades. That is why I believe we need to do more than just recover from this economic crisis -- we need to rebuild the economy the American way, based on balance, fairness, and the same set of rules for everyone from Wall Street to Main Street. We can work together to create the jobs of the future by helping small business entrepreneurs, by investing in education, and by making things the world buys. To create jobs, I am submitting the American Jobs Act of 2011 -- nearly all of which is made up of the kinds of proposals supported by both Republicans and Democrats, and that the Congress should pass right away to get the economy moving now. The purpose of the American Jobs Act of 2011 is simple: put more people back to work and put more money in the pockets of working Americans. And it will do so without adding a dime to the deficit."
S.1549: American Jobs Act of 2011 - via OpenCongres
September 10, 2011
Legislation Related to the Attack of September 11, 2001
The Library of Congress - THOMAS: "This site was begun in September 2001 as a way of keeping the public readily apprised of legislation related to the terrorist attack on the United States that month. The selection, made by hand, is necessarily subjective, as the September 11th attack had a ripple effect on legislation in the second session of the 107th Congress, making boundaries difficult to draw. The site will not be updated after the conclusion of the 107th. Not included here are appropriations and authorization bills, which may include provisions relevant to our response to terrorism, but included are some bills related to bio-terrorism and not September 11th."
Bills & Joint Resolutions Signed Into Law | Other Resolutions Approved | Legislation With Floor Action | Legislation Without Floor Action
See also the 9/11 Commission Report and a continually updated topical set of related postings on 9/11
September 09, 2011
Tracking Dodd-Frank Wall Street Reform and Consumer Protection Act
worldAtWork: Tracking Dodd-Frank Wall Street Reform and Consumer Protection Act (Updated September 8, 2011: "On Wednesday, July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Act calls for sweeping reforms, not just for the financial services industry, but for all publicly-traded companies. With many of the provisions in this bill subject to forthcoming regulations and guidance, this page is dedicated to bringing you the most up-to-date information about regulations and guidance that have been issued that will affect the implementation of this bill."
August 21, 2011
A pocket Congress – track elected officials, read the latest bills and laws
"The government apps and mobile sites allow you to access official information on various topics from the palm of your hand. Learn more about apps."
Congress – A Pocket Directory - Sunlight Labs - "track elected officials, read the latest bills and laws. Want to know more about Congress?: Find your representatives by your location; See how they vote, read up on bills; Stay on top of floor activity, committee hearings; Be notified of new events."
August 17, 2011
New Searchable Version of U.S. Code Website Launched by House in Beta
"The United States Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. It is prepared by the Office of the Law Revision Counsel of the United States House of Representatives." [Richard McKinney]
See also Advanced Options and Search Tips
August 14, 2011
CBO: Sequestration Update Report for Fiscal Year 2012
Sequestration Update Report for Fiscal Year 2012 - August 12, 2011
"Under the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA), as amended by the Budget Control Act of 2011 (Public Law 112-25), the Congressional Budget Office (CBO) is required to issue, on August 15 each year, a report providing information about the limits on discretionary spending (now set through 2021) and an explanation of any adjustments to them that are required to be made. This document reports on the limits that were specified in the recently enacted law because no actions have been taken that would necessitate a change in them."
August 12, 2011
Privatization of GPO, Defunding of FDsys, and the Future of the FDLP
Privatization of GPO, Defunding of FDsys, and the Future of the FDLP, by jajacobs
"On July 22, the House passed a bill that would remove funding for FDsys, reduce funding for GPO by 20%, and reduce funding for the Superintendent of Documents by 16% (Kelley). The House Report on the bill also directs the Government Accountability Office to conduct a study on "the privatization of the GPO" and the transfer of the Superintendent of Documents and the FDLP to the Library of Congress (page 25). The bill includes many other changes that are relevant to the dissemination of government information (see House Bill Questions Future of GPO and the comments to that post, and the stories in Library Journal and OMB Watch), but the ones related to FDsys and the privatization of the GPO are the ones which, if ultimately approved, would have the greatest negative impact on long-term free public access to government information. Passage of only some of these bad ideas would almost certainly result in a catastrophic loss of long-term access to and preservation of government information. These bad ideas are, however, only symptoms of a still bigger problem. There is, luckily, an obvious, logical path around all these threats."
August 09, 2011
NCLS: 2011 Immigration-Related Laws and Resolutions in the States (January-June)
"In the first half of 2011, state legislators introduced 1,592 bills and resolutions relating to immigrants and refugees in all 50 states and Puerto Rico. The number of bill introductions is an increase of 16 percent compared to the first half of 2010, when 46 states considered 1,374 bills and resolutions pertaining to immigrants. As of June 30, 2011, 40 state legislatures enacted 151 laws and adopted 95 resolutions for a total of 246. 44 state legislatures passed 191 laws and adopted 128 resolutions, for a total of 314. An additional five bills were vetoed. The 2011 total of laws and resolutions is a decrease of 22 percent. Twelve additional bills passed but were vetoed by governors. As of June 30, an additional 10 bills were pending governors’ approval – these bills are not included in this report of enacted laws. For the same period in 2010, As in previous years, law enforcement, identification/driver’s licenses and employment remained the top issues addressed in state legislation related to immigrants. Several states – Alabama, Idaho, Kansas, Michigan, South Dakota and Utah – enacted sex offender registries that include a requirement of proof of citizenship or immigration documents. Montana required that the DMV use the SAVE program to verify a driver's license or an ID applicant's lawful presence. E-Verify legislation was enacted in 9 states: Alabama, Georgia, Indiana, Louisiana, North Carolina, South Carolina, Tennessee, Utah, and Virginia. Florida added an E-Verify requirement by executive order. Eighteen states now have an E-Verify requirement."
2011 Immigration-Related Laws and Resolutions in the States (January-June)
August 02, 2011
Budget Control Act of 2011
Budget Control Act of 2011 (Engrossed Amendment House - EAH)[S.365.EAH]. Pub. L. No. 112-25, 140 Stat. 240
Sovereign Default: Putting the United States’ Debt-Ceiling Debate in Context - Why Self Help Is the Only Option: "Justia columnist and U. Washington law professor Anita Ramasastry provides important background on the United States’ debt ceiling debate, explaining exactly why the United States—unlike other countries - has only one option when the risk of sovereign default looms: self help. Ramasastry first considers how other countries typically handle sovereign default or distress, then covers the reasons why the United States' situation is very different, and concludes by examining why there has been such a great need for Congress and President Obama to reach a resolution of this issue."
Moody’s Affirms US AAA RatingRelated postings on financial system
CCH Tax Briefing: Budget Control Act of 2011
August 01, 2011
House Committee Approves Controversial Measure to Require Data Retention for All Internet Users
EPIC: "The House of Representatives Judiciary Committee voted to approve a bill that will require Internet Service Providers (ISPs) to retain data on every customer to allow the government to identify and track their online activity for one year. EPIC Director Marc Rotenberg testified against the bill at the subcommittee hearing, and his arguments were cited by committee members including Representative Jerrold Nadler (D-NY). After two days of deliberation, the bill was passed with an amendment to require ISPs to retain even more information: not only internet protocol addresses, but also customer names, addresses, phone records, type and length of service, and credit card numbers. This retention is a radical contradiction of the core American value that we are innocent until proven guilty, said Representative Jason Chaffetz (R-UT)."
July 31, 2011
Spending Less, Spending Smarter: Recommendations for National Security Savings FY 2012 to FY 2021
Deficit Reduction: $586.112 billion - "The Project On Government Oversight (POGO) and Taxpayers for Common Sense (TCS) have closely examined the defense budget for waste, fraud, and abuse and for programs in which there are cheaper yet effective alternatives or in which cancellation or delay poses an acceptable level of risk according to national security experts. The following list details more than $500 billion in deficit reductions, including cuts to wasteful weapons systems, limits on out-of-control contract spending, and reforms to costly entitlement programs. All of the recommendations save taxpayers’ money and maintain our national security. All budget estimates are 10-year projections or less, based on government or credible academic sources. We chose conservative estimates to avoid overstating the scale of the potential deficit reduction."
July 27, 2011
Report - Congress needs to Overhaul U.S. Secrecy Laws and Increase Oversight of the Secret Security Establishment
ACLU news release: "Today, we’re releasing a report, Drastic Measures Required: Congress needs to Overhaul U.S. Secrecy Laws and Increase Oversight of the Secret Security Establishment...we lay out the scope of the problem and analyze its unfortunate consequences for the operation of our government, for our national security, and for our democracy at large. The report asserts that Congress must overhaul U.S secrecy laws and increase its oversight of the secret security establishment in order to rein in the out-of-control secrecy that is poisoning our democracy. We present a number of detailed recommendations for how, exactly, Congress should act to reform the “state secrets privilege,” strengthen Congressional oversight of national security programs, and regulate the use of classification by the executive branch."
House Bill - No Money for GPO's Federal Digital System, Sharply Cuts Other Information Resources
Library Journal: "On July 22, the House of Representatives passed H.R. 2551, the Legislative Branch Appropriations Act, 2012 by a vote of 252 - 159. Unless the Senate acts, the bill would reduce GPO's budget for FY12 by 20 percent to $108.1 million. Within the GPO budget is the appropriation for the Office of Superintendent of Documents' Salaries and Expenses, which funds the Federal Depository Library Program (FDLP). This appropriation would be reduced 16 percent, to $33.5 million, eliminating funding for the Federal Digital System (FDsys)."
OMB Watch: House Questions Future of Government Printing OfficeRelated postings on financial system
July 24, 2011
New England Journal of Medicine: The Clean Air Act and Health — A Clearer View from 2011
The Clean Air Act and Health — A Clearer View from 2011. NEJM | July 6, 2011 | Jonathan M. Samet, M.D.
From my office, I have views of downtown Los Angeles and the San Gabriel Mountains. Air pollution infrequently obscures these views, and only rarely are my eyes and throat irritated by smog when I’m outdoors. The Los Angeles air of today is far better than that of the mid-20th century, when severe oxidant pollution, initially of unknown origins, threatened the health and welfare of the city’s residents. Severe smog was a common occurrence. Today, throughout the United States, air quality has improved greatly, and the last century’s severe, life-threatening episodes of air pollution, such as one that caused about 20 deaths in Donora, Pennsylvania, over a 3-day period in 1948, have largely been forgotten. The Clean Air Act of 1970 (CAA) has driven this progress, but we now face new challenges in air-quality management.
Comparison of Medicare Provisions in Deficit and Debt Reduction Proposals
Kaiser Family Foundation: "Many of the debt-reduction plans being considered by Congress and the Administration include proposals that would achieve substantial savings from the Medicare program over time. This updated side-by-side summary compares the key Medicare provisions found in five major debt-reduction plans put forward by the White House, Congress and independent, bipartisan commissions. The five plans are: the President's Framework for Shared Prosperity and Shared Fiscal Responsibility; the House Concurrent Budget Resolution; the Senate "Gang of Six" Proposal; the National Commission on Fiscal Responsibility and Reform (Bowles-Simpson); and the Bipartisan Policy Center Debt Reduction Task Force (Domenici-Rivlin). The summary also includes brief descriptions of Medicare proposals in other deficit reduction proposals from American Enterprise Institute; Cato Institute; Center for American Progress, Sen. Tom Coburn; Congressional Progressive Caucus; Dr. Bill Galston and Ms. Maya MacGuineas; Heritage Foundation; Institute for America's Future; Sen. Joseph Lieberman and Sen. Coburn; Our Fiscal Security; Dr. Alice Rivlin and Chairman Paul Ryan; Republican Study Committee; Roosevelt Institute Campus Network; and Chairman Ryan."
July 22, 2011
Study on the Resolution of Financial Companies under the Bankruptcy Code
Study on the Resolution of Financial Companies under the Bankruptcy Code, July 2011
"Under section 216 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), the Board of Governors of the Federal Reserve System (the Board), in consultation with the Administrative Office of the United States Courts (the Administrative Office), must conduct a study regarding the resolution of financial companies under Chapter 7 or Chapter 11 of the Bankruptcy Code. Section 216 directs the Board specifically to study five topics, including (1) the effectiveness of the Bankruptcy Code for systemic financial companies, (2) the establishment of a special court or panel of judges for financial company bankruptcies, (3) the adoption of amendments to the Bankruptcy Code to enhance its ability to resolve financial companies, (4) the treatment of qualified financial contracts (QFCs) in U.S. insolvency laws, and (5) the establishment of a new chapter or subchapter of the Bankruptcy Code for financial companies. The five topics specified in section 216 generally correspond to specific proposals for amending the Bankruptcy Code that were presented to the Congress in connection with its consideration of the Dodd-Frank Act, specifically in connection with its consideration of the “orderly liquidation authority” (OLA) in Title II of the Dodd-Frank Act."
July 21, 2011
Federal Reserve seeks comment on notice outlining regulations previously issued by OTS
News release: "The Federal Reserve Board is seeking comment on a notice that outlines the regulations previously issued by the Office of Thrift Supervision (OTS) that the Federal Reserve will continue to enforce after assuming supervisory responsibility for savings and loan holding companies (SLHCs). Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, supervisory and rule-writing authority for SLHCs and their non-depository subsidiaries will transfer from the OTS to the Board on July 21, 2011. The Board requests comments on the notice by August 31, 2011. The Board intends to issue an interim final rule soon that will include technical, nomenclature, and other changes to certain OTS regulations to accommodate the transfer of supervisory authority to the Board and to address modifications made by the Dodd-Frank Act."
July 20, 2011
Office of Thrift Supervision Integration; Dodd-Frank Act Implementation
"The Office of the Comptroller of the Currency (OCC) is adopting amendments to its regulations governing organization and functions, availability and release of information, post-employment restrictions for senior examiners, and assessment of fees to incorporate the transfer of certain functions of the Office of Thrift Supervision (OTS) to the OCC pursuant to Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The OCC also is amending its rules pertaining to preemption and visitorial powers to implement various sections of the Act; change in control of credit card banks and trust banks to implement section 603 of the Act; and deposit-taking by uninsured Federal branches to implement section 335 of the Act."
July 14, 2011
New GAO Reports: Children's Television Act, Defense Logistics, DOD Civilian Personnel, Dodd-Frank Act, EPA Health Risk Assessments
- Children's Television Act: FCC Could Improve Efforts to Oversee Enforcement and Provide Public Information, GAO-11-659, July 14, 2011
- Commonwealth of the Northern Mariana Islands - Status of Transition to Federal Immigration Law, GAO-11-805T, July 14, 2011
- Defense Logistics: Oversight and a Coordinated Strategy Needed to Implement the Army Workload and Performance System, GAO-11-566R, July 14, 2011
- DOD Civilian Personnel: Competency Gap Analyses and Other Actions Needed to Enhance DOD's Strategic Workforce Plans, GAO-11-827T, July 14, 2011
- Dodd-Frank Act: Eleven Agencies' Estimates of Resources for Implementing Regulatory Reform, GAO-11-808T, July 14, 2011
- EPA Health Risk Assessments: Sustained Management and Oversight Key to Overcoming Challenges, GAO-11-824T, July 14, 2011
- Information Technology: Continued Attention Needed to Accurately Report Federal Spending and Improve Management, GAO-11-831T, July 14, 2011
- Patient Protection and Affordable Care Act: Contracts Awarded and Consultants Retained by Federal Departments and Agencies to Assist in Implementing the Act, GAO-11-797R, July 14, 2011.
- DHS Science and Technology: Additional Steps Needed to Ensure Test and Evaluation Requirements Are Met, GAO-11-596, July 14, 2011
July 11, 2011
FTC Hart-Scott-Rodino Premerger Notification System
"The Hart-Scott-Rodino Act established the federal premerger notification program, which provides the FTC and the Department of Justice with information about large mergers and acquisitions before they occur. The parties to certain proposed transactions must submit premerger notification to the FTC and DOJ. Premerger notification involves completing an HSR Form, also called a “Notification and Report Form for Certain Mergers and Acquisitions,” with information about each company’s business. The parties may not close their deal until the waiting period outlined in the HSR Act has passed, or the government has granted early termination of the waiting period. For more information about the program, read our Introductory Guides. The FTC administers the premerger notification program, and the staff of the Premerger Notification Office is available to answer questions about how and when to file."
July 10, 2011
Report: Repeal of Lighting Standards Would Jeopardize $12.5 Billion in Consumer Savings
NRDC: "With Congress about to consider eliminating 2007 lighting efficiency standards before they even take effect, a new analysis shows the standards would save the country more than $12.5 billion annually when fully implemented in 2020. Americans' energy costs would be reduced by an average of 7 percent or about $85 per household each and every year when the standards are fully in place, according to the analysis. More efficient light bulbs also would eliminate the need for 33 large power plants – and the pollution they would generate - according to the analysis. The full analysis with state-by-state breakdowns of savings is here."
July 07, 2011
Basel Committee on Banking Supervision - Resolution policies and frameworks – progress so far
Resolution policies and frameworks – progress so far, July 2011
"The report reflects the progress being made in the area of cross-border bank resolution since the Basel Committee published a set of ten recommendations in March 2010. The report also responds to the Financial Stability Board November 2010 recommendations on systemically important financial institutions for an assessment of the legislative and other changes to national regimes and policies needed to accomplish effective resolution of systemically important financial institutions....The Committee's report stresses the need to accelerate reforms of domestic resolution regimes and tools and of frameworks for cross-border enforcement of resolution actions."
Related postings on financial system
July 04, 2011
CBO - Medicare's Payments to Physicians: The Budgetary Impact of Alternative Policies
Medicare’s Payments to Physicians: The Budgetary Impact of Alternative Policies, June 4, 2011
"The Congressional Budget Office (CBO) projects that, under current law, payment rates for physician services will be reduced by 29.4 percent in 2012. That large reduction called for under current law follows several years of legislative action to either maintain or increase physician payment rates under the Medicare program when those rates were otherwise scheduled to decrease under the provisions of law known as Medicare’s Sustainable Growth Rate (SGR) mechanism. Such legislative actions have overridden the SGR."
July 03, 2011
Legislation Will Reduce Number of Positions Requiring Full Senate Confirmation By 169 Positions, Reducing Gridlock
News release: "[June 29, 2011] U.S. Senators Charles E. Schumer (D-NY), Lamar Alexander (R-TN), Joe Lieberman (ID-CT) and Susan Collins (R-ME) announced the Senate’s passage of bipartisan legislation to clear the backlog of stalled executive nominations by permanently exempting a range of positions from Senate confirmation. The legislation, which passed 79 to 20, will reduce gridlock and increase the productivity of the Senate. The legislation now moves to the House of Representatives, where it is expected to pass. Once enacted into law, the bill would eliminate the need for the Senate to vote on roughly 170 executive nominations and 3,000 noncontroversial Officer Corps positions. In all, the bill, combined with a separate Senate resolution that was also expected to pass today, reduces or streamlines the number of positions requiring full Senate confirmation by one-third...A list of positions exempted from Senate confirmation—sorted by the Senate committee of jurisdiction—appears in this release."
June 24, 2011
Lawmakers Seek Smarter National, Homeland Security Through Federal Agency Job Rotation
News release: "A bipartisan, bicameral group of legislators introduced bills in the House and Senate Thursday to improve the efficiency and effectiveness of the federal government’s national and homeland security missions by encouraging the government-wide integration of Executive Branch employees working in those areas. The Interagency Personnel Rotation Act of 2011, S.1268 and H.2314, would promote the rotation of certain homeland and national security employees to continue the important work of breaking down government stovepipes and eliminating communications roadblocks."
June 22, 2011
The Orderly Liquidation of Lehman Brothers Holdings Inc. under the Dodd-Frank Act
The Orderly Liquidation of Lehman Brothers Holdings Inc. under the Dodd-Frank Act, FDIC Quarterly, Early release for the upcoming 2011, Volume 5, No. 2
"The bankruptcy filing of Lehman Brothers Holdings Inc. (Lehman or LBHI) on September 15, 2008, was one of the signal events of the financial crisis. The disorderly and costly nature of the LBHI bankruptcy — the largest, and still ongoing, financial bankruptcy in U.S. history — contributed to the massive financial disruption of late 2008. This paper examines how the government could have structured a resolution of Lehman under the orderly liquidation authority of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and how the outcome could have differed from the outcome under bankruptcy."
June 15, 2011
Brief Guide to the European Union and Its Legislative Processes
A Brief Guide to the European Union and Its Legislative Processes, June 2011 - "The EU, created by the Treaty of Maastricht1, is a union of 27 independent states. It was founded to enhance political, economic and social cooperation. Its origins date back to the 1950s and the establishment of three organisations:
- European Coal and Steel Community (ECSC) established by the Treaty of Paris
- European Economic Community (EEC) and European Atomic Energy Community (Euratom) established by the Treaties of Rome
Under the Treaty of Maastricht, these three organisations (collectively, under the Treaty of Brussels4, the ‘European Communities’) were brought together to comprise the first of three conceptual pillars, which together formed the EU.
- The Treaty also renamed the EEC the ‘European Community’ (EC), reflecting the determination of the Member States to expand the European Communities’ powers to non-economic domains."
Recent Testimony of Federal Reserve Officials
- June 16, 2011 - Governor Daniel K. Tarullo - Capital and liquidity standards - Before the Committee on Financial Services, U.S. House of Representatives, Washington, D.C.
- June 15, 2011 - Michael R. Foley, Senior Associate Director, Division of Banking Supervision and Regulation, Banking supervision - Before the Subcommittee on Financial Institutions and Consumer Protection, Committee on Banking, Housing, and Urban Affairs, U.S. Senate, Washington, D.C.
- June 15, 2011 - Michael S. Gibson, Senior Associate Director, Division of Research and Statistics ,Implementation of Title VII of the Dodd-Frank Act, Before the Committee on Agriculture, Nutrition, and Forestry, U.S. Senate, Washington, D.C.
June 13, 2011
Stateline Legislative Review 2011
Legislative Review 2011 by John Gramlich, Stateline Staff Writer: "Holding a lock on the governorship and both houses of the legislature in 20 states, GOP conservatives advanced an agenda that may change the face of state government for decades. They honored pledges not to raise taxes by enacting huge spending cuts to balance budgets in Florida and Texas. They put tough abortion limits back on the agenda, passing laws in Alabama, Kansas and Oklahoma. Most famously, Republicans in Indiana, Ohio and Wisconsin put new restrictions on the rights of public employees, whose protests made national news for a month. Though Democrats proved powerless to stop those changes, they moved a profoundly different agenda in the 11 states where they enjoy total control of state government. Arguing that budget cuts could only go so far, Democrats pushed tax increases in Connecticut, Illinois and Maryland. Meanwhile, Vermont approved a health care law supported by liberals that could prove far more expansive in scope than the controversial overhaul passed in Congress last year."
NY AG Sues Feds For Failure to Study Fracking
News release: [On May 31, 2011] New York "Attorney General Eric T. Schneiderman announced he was filing a lawsuit against the federal government for its failure to commit to a full environmental review of proposed regulations that would allow natural gas drilling – including the potentially harmful fracking technique – in the Delaware River Basin. Last month, the Attorney General notified the federal government that if it did not commit to conducting an environmental review before the regulations authorizing gas drilling are finalized, he would take legal action to compel such a study...In April, just one day before a blowout at a Pennsylvania natural gas drilling site caused gallons of chemical-laced water to spill over neighboring land and into a stream, the Attorney General demanded that the federal government comply with the National Environmental Policy Act (NEPA). The law requires federal agencies to conduct a full review of actions that may cause significant environmental impacts. Despite the legal requirement, the Delaware River Basin Commission (DRBC) – with the approval of its supporting federal agencies – proposed regulations allowing natural gas development in the Basin without undertaking any such review. Represented by U.S. Army Corps of Engineers Brigadier General Peter A. DeLuca, the involved federal agencies include the Army Corps, the National Park Service, the U.S. Fish and Wildlife Service and the Environmental Protection Agency."
SEC Guide - Implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act
Implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act: "This law creates a new, more effective regulatory structure, fills a host of regulatory gaps, brings greater public transparency and market accountability to the financial system and gives investors important protections and greater input into corporate governance." — SEC Chairman Mary L. Schapiro
June 07, 2011
Federal Telework Progress Report: Making the Grade?
News release: "Telework Exchange, a public-private partnership focused on demonstrating the tangible value of telework, today announced the results of the Federal Telework Progress Report: Making the Grade?, which gauges Federal telework progress against the Telework Enhancement Act of 2010 requirements, and notably the provisions within 180 days to build the foundation for a sustainable telework program. Underwritten by Juniper Networks, the report finds that those most responsible for telework programs, including official Telework Managing Officers (TMOs), are confident on meeting today's deadline in the Telework Enhancement Act of 2010. This report shows that Federal agencies are making positive strides in telework advancement. Notably, 86 percent of TMOs reported an increase in telework participation in the past six months. The full report...includes overall government-wide telework progress, top challenges, and peer-to-peer recommendations."
June 06, 2011
EPIC: House Passes Budget for TSA, Cuts Funding for Body Scanners
Follow up to previous postings on government implementation of whole body scanning technology at airports, via EPIC: "The House has approved the 2012 budget for the Transportation Security Administration, cutting $270 million from the amount originally requested by the Agency. The cuts include $76 million that had been designated for the purchase of 275 airport body scanners. Leading lawmakers and activists have called attention to the health risks associated with the scanners, as well as their invasiveness. Representative Jason Chaffetz (R-UT) criticized the machines as “slow” and “ineffective.”
Fed Governor: Regulating Systemically Important Financial Firms
Regulating Systemically Important Financial Firms, Governor Daniel K. Tarullo At the Peter G. Peterson Institute for International Economics, Washington, D.C., June 3, 2011: "As the one-year anniversary of the Dodd-Frank Act approaches, there will be much discussion about the progress that has been made in reforming financial regulation. Today I would like to get a head start on this exercise, concentrating on Dodd-Frank's requirement that the Federal Reserve Board establish special prudential standards for systemically important financial institutions or, as they are now generally known, "SIFIs." My focus will be on the requirement for more stringent capital standards, which has generated particular interest."
Related postings on financial system
Davis Polk - Dodd-Frank Rulemaking Progress Report Progress as of June 1, 2011
Dodd-Frank Rulemaking Progress Report - Progress as of June 1, 2011: "This Davis Polk Dodd-Frank Rulemaking Progress Report is the third in a series of reports that use empirical data to help market participants and policymakers assess the progress of the rulemaking and other work that has been done by regulators under the Dodd-Frank Act. Previous reports can be found here.
This version of the Progress Report only includes rulemakings and studies explicitly required by the Dodd-Frank Act. Many discretionary rulemakings will be needed to implement Dodd-Frank’s mandates. Regulators have started to adopt rules that are discretionary under Dodd-Frank.
The Progress Report was developed using information from Davis Polk’s subscription-based Regulatory TrackerTM product."
June 03, 2011
LLSDC - Truth in Lending Act and Amendments Legislative History
Truth in Lending Act and Amendments Legislative History: Links on Westlaw (WL - GAO Histories) and the Library of Congress (LC - THOMAS CRS Histories) with Public Law links on GPO's FDsys from 1995, Compiled and Maintained by Rick McKinney, Assistant Law Librarian, Federal Reserve Board Law Library, June 3, 2011
May 29, 2011
Reauthorization of PATRIOT Act on Deadline
RollCall: "After two days of wrangling and last-minute deal-making in the Senate, Congress cleared a reauthorization of the USA PATRIOT Act on Thursday, and the Obama administration announced that the president signed the bill into law before provisions of the anti-terrorism act expired at midnight. A standoff over amendments in the Senate ate into the time needed to fly the enrolled bill to President Barack Obama, who is traveling in Europe. Instead of physically signing the bill, Obama planned to direct the use of an autopen to sign it, White House spokesman Nick Shapiro said in an email shortly after the House cleared the bill. “Failure to sign this legislation poses a significant risk to U.S. national security,” Shapiro said in the email. Autopens generate a facsimile of an individual’s signature and are frequently used by Members of Congress for signing constituent correspondence and other letters. The Justice Department’s Office of Legal Counsel advised in 2005 that the president may sign a bill by autopen."
May 26, 2011
Analysis of a Permanent Prohibition on Implementing the Major Health Care Legislation Enacted in March 2010
CBO: Analysis of a Permanent Prohibition on Implementing the Major Health Care Legislation Enacted in March 2010 - May 26, 2011
"This letter discusses many of the potential effects of a permanent ban on the use of appropriated funds to implement the health care laws and, where possible, provides information on whether those effects would increase or decrease direct spending or revenues. Because of the uncertainties discussed below, however, CBO and JCT do not have sufficient basis to provide a comprehensive estimate of the budgetary effects of legislation that would prohibit the use of funding to implement the 2010 health laws, yet would not repeal any provisions of that law."
May 22, 2011
SEC Proposes Rules to Increase Transparency and Improve Integrity of Credit Ratings
Fact Sheet: "The Securities and Exchange Commission [May 18, 2011] voted unanimously to propose new rules and amendments intended to increase transparency and improve the integrity of credit ratings. The proposed rules would implement certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act and enhance the SEC’s existing rules governing credit ratings and Nationally Recognized Statistical Rating Organizations (NRSROs). “In passing the Dodd-Frank Act, Congress noted that credit ratings applied to structured financial products proved inaccurate and contributed significantly to the mismanagement of risks by financial institutions and investors,” said SEC Chairman Mary L. Schapiro. “Our proposed rules are intended to strengthen the integrity and improve the transparency of credit ratings.” Under the SEC’s proposal, NRSROs would be required to:
- Report on internal controls.
- Protect against conflicts of interest.
- Establish professional standards for credit analysts.
- Publicly provide – along with the publication of the credit rating – disclosure about the credit rating and the methodology used to determine it.
- Enhance their public disclosures about the performance of their credit ratings.
- The SEC’s proposal also requires disclosure concerning third-party due diligence reports for asset-backed securities."
May 12, 2011
Obama Administration Unveils its Cybersecurity Legislative Proposal
"...the Administration has transmitted a cybersecurity legislative proposal to Capitol Hill in response to Congress’ call for assistance on how best to address the cybersecurity needs of our Nation. This is a milestone in our national effort to ensure secure and reliable networks for Americans, businesses, and government; fundamentally, this proposal strikes a critical balance between maintaining the government’s role and providing industry with the capacity to innovatively tackle threats to national cybersecurity. Just as importantly, it does so while providing a robust framework to protect civil liberties and privacy."
May 10, 2011
White House - Blueprint for Building a 21st Century Immigration System
The President’s Blueprint for Building a 21st Century Immigration System, May 2011
"The President wants to have a civil and constructive debate on this issue so that we can fix our broken immigration system. To help us reach this goal, the Obama Administration is releasing a Blueprint for Building a 21st Century Immigration System. The Blueprint summarizes the progress we have made in securing our borders, enforcing our laws, and improving our legal immigration system; discusses the economic benefits of immigration reform; and outlines the President’s vision of a 21st century immigration policy."
Law Enforcement Use of Global Positioning (GPS) Devices to Monitor Motor Vehicles: Fourth Amendment Considerations
CRS - Law Enforcement Use of Global Positioning (GPS) Devices to Monitor Motor Vehicles: Fourth Amendment Considerations, February 28, 2011
"As technology continues to advance, what was once thought novel, even a luxury, quickly becomes commonplace, even a necessity. Global Positioning System (GPS) technology is one such example. Generally, GPS is a satellite-based technology that discloses the location of a given object. This technology is used in automobiles and cell phones to provide individual drivers with directional assistance. Just as individuals are finding increasing applications for GPS technology, state and federal governments are as well. State and federal law enforcement use various forms of GPS technology to obtain evidence in criminal investigations. For example, federal prosecutors have used information from cellular phone service providers that allows real-time tracking of the locations of customers’ cellular phones. Title III of the Omnibus Crime Control and Safe Streets Act of 1958 (P.L. 90-351) regulates the interception of wire, oral, and electronic communications. As such, it does not regulate the use of GPS technology affixed to vehicles and is beyond the scope of this report. The increased reliance on GPS technology raises important societal and legal considerations. Some contend that law enforcement’s use of such technology to track motor vehicles’ movements provides for a safer society. Conversely, others have voiced concerns that GPS technology could be used to reveal information inherently private. Defendants on both the state and federal levels are raising Fourth Amendment constitutional challenges, asking the courts to require law enforcement to first obtain a warrant before using GPS technology."
May 09, 2011
Facts on the Production of the Congressional Record
FDLP Listserv: "On March 17, Public Printer Bill Boarman testified before the Senate appropriations subcommittee on the costs of producing Federal publications, such as the Congressional Record. Subsequently, the U.S. Government Printing Office (GPO) made a YouTube video on the production of the Congressional Record to illustrate the production process for this important publication. With origins in the requirement of Article I of the Constitution that "Congress shall keep a journal of its proceedings...and from time to time publish the same," the Congressional Record contains the proceedings and debates of the Senate and House of Representatives. It has been called "a symbol of our democracy through which the people may observe the making of their laws and may hold their lawmakers accountable for their words and deeds."
May 07, 2011
Core Documents of U.S. Democracy
Core Documents of U.S. Democracy: "To provide American citizens direct online access to the basic Federal Government documents that define our democratic society, a core group of current and historical Government publications was made available via GPO Access. These titles contain information which is vital to the democratic process and critical to an informed electorate. Because this page is mainly a collection of links from various web sites it will not migrate to FDsys and is recreated here." [Carolyn Ottoson, West Texas A&M University]
May 06, 2011
EPIC: Do Not Track Bills Introduced in Congress, Move Forward in California
"Rep. Markey (D-MA) and Rep. Barton (R-TX) released a discussion draft of the "Do Not Track Kids Act of 2011." This Act establishes enhanced protections for the use and disclosure of the personal information of children and teens online. In February, Rep. Speier (D-CA) introduced the broader Do Not Track Me Online Act. And in California, the Senate Judiciary Committee voted to move their Do Not Track bill, SB 761, to the next stage in the Appropriations Committee. EPIC submitted a statement to Congress saying that an effective Do Not Track initiative must ensure that a consumer's decision to opt-out is "enforceable, persistent, transparent, and simple." For more information, see EPIC: Online Tracking and Behavioral Advertising."
May 03, 2011
CRS - Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire May 27, 2011
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire, May 27, 2011
"The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance2 or physical searches,3 utilize pen registers and trap and trace devices, or access specified business records and other tangible things. Authorization for such activities is typically obtained via a court order from the Foreign Intelligence Surveillance Court (FISC), a specialized court created to act as a neutral judicial decision maker in the context of FISA. Shortly after the 9/11 terrorist attacks, Congress enacted the USA PATRIOT Act, in part, to “provid[e] enhanced investigative tools” to “assist in the prevention of future terrorist activities and the preliminary acts and crimes which further such activities.” That act and subsequent measures amended FISA to enable the government to obtain information in a greater number of circumstances. The expanded authorities prompted concerns regarding the appropriate balance between national security interests and civil liberties. Perhaps in response to such concerns, Congress established sunset provisions which apply to three of the most controversial amendments to FISA."
May 01, 2011
Implementing Telework Enhancement Act of 2010 IT Purchasing Requirements
Implementing Telework Enhancement Act of 2010 IT Purchasing Requirements: M-1l-20 - Memorandum for Heads of Executive Departments and Agencies from Jacob Lew, director of the Office of Management and Budget, April 28, 2011
"Implementing Telework Enhancement Act of 2010 IT Purchasing Requirements: "On December 9,2010, President Obama signed into law the Telework Enhancement Act of 2010 (the Act). Telework provides multiple benefits for Executive Agencies and the federal workforce. It can produce resource savings and reduce time, expenses, and greenhouse gas production associated with commuting. Telework also provides federal employees the ability to continue working during inclement weather, emergencies, or situations that may disrupt normal operations. However, telework is only as effective as the technologies used to support it, which is why it is critical for agencies to take immediate measures to ensure that their employees are properly equipped. Within 90 days of issuance of this memorandum, agency chief information officers (CIOs), in coordination with chief acquisition officers (CAOs) shall develop or update policies on purchasing computing technologies and services to enable and promotes continued adoption of telework. At the same time, purchasing policies must address the information security threats raised by use of technologies associated with telework."
April 28, 2011
The Orderly Liquidation of Lehman Brothers Holdings under the Dodd-Frank Act
The Orderly Liquidation of Lehman Brothers Holdings under the Dodd-Frank Act, April 18, 2011
"The report examines how the FDIC could have structured an orderly resolution of Lehman Brothers Holdings Inc. under the orderly liquidation authority of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act had that law been in effect in advance of Lehman's failure."
SEC Proposes Product Definitions for Swaps
Fact sheet: "The Securities and Exchange Commission voted unanimously to propose rules further defining the terms “swap,” “security-based swap,” and “security-based swap agreement.” The Commission also proposed rules regarding “mixed swaps” and books and records for “security-based swap agreements.” The rules were proposed jointly with the Commodity Futures Trading Commission (CFTC) and stem from the Dodd-Frank Wall Street Reform and Consumer Protection Act."
April 15, 2011
Wall Street And The Financial Crisis: Anatomy Of A Financial Collapse
Majority And Minority Staff Report United States Senate Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs. Wall Street And The Financial Crisis: Anatomy Of A Financial Collapse, April 13, 2011 - : "This 639 page report, which was part of a 2-year bi-partisan investigation by the U.S. Senate Permanent Committee on Investigations into the origins of the 2008 financial crisis. The goal of the report was to: "deepen the understanding of what happened; identify some of the root causes of the crisis; and provide a factual foundation for the ongoing effort to fortify the country against the recurrence of a similar crisis in the future." The report includes more than 150 interviews and depositions, and consultations with dozens of government, academic and private sector experts. In April 2010, the Subcommittee held four hearings examining four root causes of the financial crisis."
April 13, 2011
Publication of Joint Study on Feasibility of Mandating Algorithmic Descriptions for Derivatives
"the Securities and Exchange Commission and Commodity Futures Trading Commission (collectively “Commissions”) delivered to Congress a joint staff study on the “the feasibility of requiring the derivatives industry to adopt standardized computer-readable algorithmic descriptions which may be used to describe complex and standardized financial derivatives.” See Title VII, Sec. 719(b) of Dodd-Frank. Based on the public input, staff investigation and analysis, the joint study concludes that current technology is capable of representing derivatives using a common set of computer-readable descriptions. These descriptions are precise enough to use both for the calculation of net exposures and to serve as part or all of a binding legal contract."
April 12, 2011
Federal Reserve Testimony on Derivatives Regulation
Federal Reserve Governor Daniel K. Tarullo - Derivatives regulation, Before the Committee on Banking, Housing, and Urban Affairs, U.S. Senate, Washington, D.C., April 12, 2011
"The Dodd-Frank Act addressed both the infrastructure of the derivatives markets and the regulation and supervision of its dealers and major participants. Central counterparties are given an expanded role in the clearing and settling of swap and security-based swap (hereafter referred to as "swap") transactions, and the Board believes benefits can flow from this reform. Since 2005, Federal Reserve staff members have worked with market participants to strengthen the infrastructure for OTC derivatives, including developing and broadening the use of central clearing mechanisms and trade repositories. Market participants have already established central counterparties that provide clearing services for some OTC interest rate, energy, and credit derivatives contracts. If properly designed, managed, and overseen, central counterparties offer an important tool for managing counterparty credit risk, and thus they can reduce risk to market participants and to the financial system. Both central counterparties and trade repositories also support regulatory oversight and policymaking by providing more-comprehensive data on the derivatives markets. The Board is committed to continuing to work with other authorities, both in the United States and abroad, to ensure that a largely consistent international approach is taken to central counterparties and trade repositories and that their risk-reducing benefits are realized."
April 03, 2011
Legislative Victories from 2005 to 2010 Removing Youth from the Adult Criminal Justice System
State Trends: Legislative Victories from 2005 to 2010 - Removing Youth from the Adult Criminal Justice System, March 2011.
"The consequences of an adult conviction aren’t minor; they are serious, long-term, life-threatening, and in some cases, deadly. However, awareness of the problem is not enough. Policymakers and the public must have viable alternative solutions. This report provides some initial answers by examining innovative strategies states are using to remove and protect youth in the adult criminal justice system. State Trends demonstrates a “turning tide” in how our country handles youth. In the not-so-distant past, politicians
have had their careers ruined by a “soft on crime” image. Fortunately, the politics around youth crime are changing. State policymakers appear less wedded to “tough on crime” policies, choosing to substitute them with policies that are “smart on crime.” Given the breadth and scope of the changes, these trends are not short-term anomalies but evidence of a long-term restructuring of the juvenile justice system."
March 31, 2011
A Review of CBO's Activities in 2010 Under the Unfunded Mandates Reform Act
A Review of CBO's Activities in 2010 Under the Unfunded Mandates Reform Act, March 31, 2011
"In this report, which is part of an annual series that began in 1997, the Congressional Budget Office (CBO) reviews its activities under the Unfunded Mandates Reform Act of 1995. The report covers public laws enacted and legislation considered by the Congress in calendar year 2010 that would impose federal mandates on state, local, or tribal governments or on the private sector.
Summary: The federal government—through laws and regulations—sometimes imposes requirements on state, local, and tribal governments and entities in the private sector to achieve national goals. In 1995, the Congress passed and the President signed the Unfunded Mandates Reform Act (UMRA) to ensure that, during the legislative process, the Congress receives information about such proposed requirements, known as federal mandates, and their costs before enacting a piece of legislation."
March 30, 2011
Review of CBO's Cost Estimate for the Dodd-Frank Wall Street Reform and Consumer Protection Ac
Review of CBO's Cost Estimate for the Dodd-Frank Wall Street Reform and Consumer Protection Act, Testimony before the Subcommittee on Oversight and Investigations, Committee on Financial Services, U.S. House of Representatives,March 30, 2011.
"CBO estimated that, over the 2010–2020 period, the Dodd-Frank Act would increase both revenues and direct (or mandatory) spending—by $13.4 billion and $10.2 billion, respectively. On net, those effects were projected to reduce deficits by $3.2 billion. The revenues would stem primarily from fees assessed on various financial institutions and market participants. Certain provisions of the act were estimated to increase direct spending by $37.8 billion over the 10-year period; most of those costs, $26.3 billion, would result from a new program created to resolve insolvent or soon-to-be insolvent financial entities, which would be financed through an Orderly Liquidation Fund (OLF). CBO also estimated that other provisions of the act would reduce direct spending by $27.6 billion over that period by decreasing authority for the Troubled Asset Relief Program (TARP) and making changes to federal deposit insurance programs."
March 27, 2011
Federal Health Information Technology Strategic Plan 2011 – 2015
Office of the National Coordinator for Health Information Technology (ONC), Federal Health Information Technology Strategic Plan 2011 – 2015
"It has been a momentous time for health care. With two major pieces of legislation – first the Health Information Technology for Economic and Clinical Health (HITECH) Act passed as part of the American Recovery and Reinvestment Act (ARRA), and then the Patient Protection and Affordable Care Act as amended by the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the Affordable Care Act) – Congress has given the country an unprecedented opportunity to modernize the way care is delivered, and improve the health of all Americans."
March 25, 2011
Federal Reserve expands consumer protection regulations for credit transactions and leases of higher dollar amounts
News release: "The Federal Reserve Board on Friday adopted two rules that would expand the coverage of consumer protection regulations to credit transactions and leases of higher dollar amounts. The final rules amend Regulation Z (Truth in Lending) and Regulation M (Consumer Leasing) to implement a provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Effective July 21, 2011, the Dodd-Frank Act requires that the protections of the Truth in Lending Act (TILA) and the Consumer Leasing Act (CLA) apply to consumer credit transactions and consumer leases up to $50,000, compared with $25,000 currently. This amount will be adjusted annually to reflect any increase in the consumer price index."
March 15, 2011
Federal Health Reform: State Legislative Tracking Database
Welcome to the State Legislative Tracking Database on Health Reform: Search 2011 legislation by state, topic, keyword, status, and/or primary sponsor.
"The database includes 2011 legislation, including pending, failed and enacted bills and resolutions. The database is intended to capture state actions related to the Patient Protection and Affordable Care Act and the Health Care Education and Reconciliation Act, together referred to as the Affordable Care Act or federal health reform. Topics relate to some of the major provisions in the Affordable Care Act and include Medicaid, Health Insurance Exchanges, Health Insurance Reform, Health Information Technology, Prevention and Wellness, and Providers and Workforce. A seperate topic, Challenges and Alternatives, covers policies that differ from the federal provisions."
February 28, 2011
CQToday Fact Sheet: Proposed Cuts to Goverment Programs
Shaving Off Dollars and Cents: "House Republicans announced a two-week spending bill designed to avert a government shutdown March 4. The measure would cut several programs already targeted by the White House for elimination, producing a total of $1.24 billion in savings. Cutting certain earmarks would realize $2.7 billion more in reductions."
February 25, 2011
Congress by the Numbers, 112th Congress, 1st Session
Via Capital.net, the guide - Congress by the Numbers, 112th Congress, 1st Session, includes the following resources: Congress Seating Charts - Congressional Schedule - Congressional leadership and committees - Leadership of the current Congress - with photos, and more.
February 23, 2011
New Legislation for Tougher Penalties For States That Don't Comply With Background Checks For Gun Purchases
News release: "Senator Charles E. Schumer, joined by New York Mayor Michael Bloomberg and Police Commissioner Raymond Kelly, announced today the introduction of legislation that would provide greater reporting to the National Instant Criminal Background Check System (NICS) for individuals with mental illness, domestic violence records, and drug abusers, by increasing the penalties for states that fail to adequately turn over records for those who are prohibited from owning a gun. The legislation will also require that all gun sales, including those by private sellers, be subject to a background check, effectively ending the gun show loophole. The legislation, based on a proposal put forward by the coalition of Mayor’s Against Illegal Guns is designed to help prevent the next mass shooting. The Senator made the announcement one week into the coalition’s Nationwide Drive to Fix Gun Checks, a campaign featuring a mobile billboard truck that tolls the tragic count of Americans that have been murdered with guns since the Tucson shooting."
Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output from October 2010 - December 2010
Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output from October 2010 Through December 2010, February 23, 2011
"The American Recovery and Reinvestment Act of 2009 (ARRA) contains provisions that are intended to boost economic activity and employment in the United States. Section 1512(e) of the law requires the Congressional Budget Office (CBO) to comment on reports filed by recipients of ARRA funding that detail the number of jobs funded through their activities. This CBO report fulfills that requirement. It also provides CBO's estimates of ARRA's overall impact on employment and economic output in the fourth quarter of calendar year 2010. Those estimates— which CBO considers more comprehensive than the recipients' reports—are based on evidence from similar policies enacted in the past and on the results of various economic models."
February 21, 2011
Saving Oil and Reducing Greenhouse Gas Emissions through U.S. Federal Transportation Policy
Saving Oil and Reducing Greenhouse Gas Emissions through U.S. Federal Transportation Policy, by Cynthia J. Burbank, Parsons Brinckerhoff, Nick Nigro, Pew Center on Global Climate Change, February 2011
"The United States consumes over 10 million barrels of oil per day moving people and goods on roads and rail throughout the country. Surface transportation generates over 23 percent of U.S. anthropogenic greenhouse gas (GHG) emissions. Transportation is the primary cause of U.S. oil dependence with its attendant risks to U.S. energy security. Contributions from this sector will be necessary in any effort to maintain a sustainable and secure economy in the future. There are many opportunities to save oil and reduce GHG emissions under existing federal law and possibly in the next surface transportation reauthorization legislation in the U.S. Congress, while increasing the mobility of people and goods in the U.S. economy. This paper identifies opportunities possible in transportation reauthorization legislation and using existing legislative authority that will save oil and reduce GHG emissions. The strategy focuses on five key elements: vehicles; fuels; vehicle miles traveled (VMT); system efficiency; and construction, maintenance, and other activities of transportation agency operations."
February 14, 2011
Subprime Foreclosures and the 2005 Bankruptcy Reform
Subprime Foreclosures and the 2005 Bankruptcy Reform, Donald P. Morgan, Benjamin Iverson, and Matthew Botsch
"Is it just coincidence that subprime foreclosures surged right
after the bankruptcy abuse reform (BAR) took effect in October 2005. This article presents arguments and evidence suggesting that it is not. Before BAR, any household could file Chapter 7 bankruptcy and have its credit card and other unsecured debts discharged. By sidestepping their unsecured debts, households retained more income to pay their secured debts, such as mortgages. BAR blocks that maneuver by presenting a variety of obstacles, including a means test that forces better-off households that demand bankruptcy protection to file Chapter 13, where they must continue paying unsecured lenders.2 When the means test binds, cash-flow-constrained mortgagors who might have saved their home by filing Chapter 7 are more likely to face foreclosure."
Testimony by Fed Gov.on assessing regulatory, economic, and market implications of Dodd-Frank derviatives title
Governor Daniel K. Tarullo, Assessing the regulatory, economic, and market implications of the Dodd-Frank derivatives title, Before the Committee on Financial Services, U.S. House of Representatives, Washington, D.C., February 15, 2011
"The Dodd-Frank Act requires that the Commodity Futures Trading Commission and the Securities and Exchange Commission consult with the Board on the rules they are crafting to implement Title VII. Immediately after passage of the act, the staff from the commissions and the Board met to fashion a process for this consultation; at the Board, we identified members of the staff with relevant expertise, both here and across the Federal Reserve System. Our staff have commented on proposed rules of the commissions at each stage of the development process to date. In providing feedback, we have tried to bring to bear our experience from supervising dealers and market infrastructure and our familiarity with markets and data sources to assist the commissions."
Related postings on financial system
February 09, 2011
Federal Reserve issues final rule to implement Volcker Rule conformance period
"The Federal Reserve Board on Wednesday announced its approval of a final rule to implement the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act that give banking firms a period of time to conform their activities and investments to the prohibitions and restrictions of the so-called Volcker Rule. The Volcker Rule generally prohibits banking entities from engaging in proprietary trading in securities, derivatives, or certain other financial instruments and from investing in, sponsoring, or having certain relationships with a hedge fund or private equity fund. The statute generally provides banking entities two years to bring their activities and investments into compliance and allows the Board to extend this conformance period under certain conditions. The Dodd-Frank Act requires that the Board issue rules implementing the Volcker Rule's conformance period. In developing the rule, the Board consulted with the Department of the Treasury, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity Futures Trading Commission. The final rule is substantially similar to the proposal published in November."
Related postings on financial system
February 01, 2011
FTC Issues Annual Financial Acts Enforcement Report to Federal Reserve
"The Federal Trade Commission issued its annual report to the Federal Reserve Board on FTC enforcement activities regarding the Equal Credit Opportunity Act, Electronic Fund Transfer Act (EFTA), Consumer Leasing Act, and Truth in Lending Act. This year’s report also discusses FTC activities under the Dodd-Frank Wall Street Reform and Consumer Protection Act, such as enforcement of new EFTA requirements and the FTC’s new authority over motor vehicle dealers."
January 31, 2011
Florida District Judge Rules Health-Care Reform Act Ruled Unconstitutional
State of Florida v. U.S. Department of Health and Human Services, 10-cv-00091, U.S. District Court, Northern District of Florida (Pensacola)
Roger Vinson - Senior United States District Judge, Case No.: "This case, challenging the Constitutionality of the Act, was filed minutes after the President signed. It has been brought by the Attorneys General and/or Governors of twenty-six states (the “state plaintiffs”); two private citizens (the “individual plaintiffs”); and the National Federation of Independent Business (“NFIB”) (collectively, the “plaintiffs”). The defendants are the United States Department of Health and Human Services, the Department of Treasury, the Department of Labor, and their secretaries (collectively, the “defendants”). I emphasized once before, but it bears repeating again: this case is not about whether the Act is wise or unwise legislation, or whether it will solve or exacerbate the myriad problems in our health care system. In fact, it is not really about our health care system at all. It is principally about our federalist system, and it raises very important issues regarding the Constitutional role of the federal government...For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here."
Why Everyone Will Overreact to the Next Ruling on Health Care Reform [See also the Commerce Clause], and WSJ - Contenious Clause at Heart of Health-Law Challenges
The White House Blog - Judicial Activism and the Affordable Care Act
January 23, 2011
CBO: Spending and Funding for Highways
Spending and Funding for Highways, Economic and Budget Issue Brief, January 20, 2011
"The nation's network of highways plays a vital role in the U.S. economy; private commercial activity and people's daily lives depend on that transportation infrastructure. In 2007, the public sector spent $146 billion to build, operate, and maintain highways in the United States. About three-quarters of that total was provided by state and local governments. One-quarter was provided by the federal government, primarily through the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The initial authorization for that law has expired; as the Congress considers the future role of the federal government in providing highway infrastructure, it faces three important questions: how to structure decision making about highway projects, how much money to spend on highways, and how to pay for that spending."
January 20, 2011
Report: 129 million Americans with pre-existing condition could be denied coverage without new health reform law
News release: "Health and Human Services Secretary Kathleen Sebelius released a new analysis showing that, without the Affordable Care Act, up to 129 million non-elderly Americans who have some type of pre-existing health condition, like heart disease, high blood pressure, arthritis or cancer, would be at risk of losing health insurance when they need it most, or be denied coverage altogether. Under the full range of policies in the Affordable Care Act to be enacted by 2014, Americans living with pre-existing conditions are free from discrimination and can get the health coverage they need, and families are free from the worry of having their insurance cancelled or capped when a family member gets sick, or going broke because of the medical costs of an accident or disease. Repealing the law would once again leave millions of Americans worrying about whether coverage will be there when they need it."
At Risk: Pre-Existing Conditions Could Affect 1 in 2 Americans: 129 Million People Could Be Denied Affordable Coverage Without Health Reform
January 10, 2011
Library of Congress taps LII for Expertise in Legislative Information
News release: "The US Library of Congress chose the Legal Information Institute at Cornell University (LII) to help develop new methods to preserve, analyze, organize, and present Congressional legislative information and materials digitally. The project is headed by LII Director Thomas R. Bruce. Dave Shetland, Sara Frug, and Wayne Weibel will make up the rest of the LII’s team of experts. Long-time LII collaborators Metadata Management Associates will work with LII on this important project. “This project introduces the idea of a model that reflects the life cycle of legislation–a significantly different model than the one used in traditional library materials,” says Diane Hillmann, Partner at MMA. Hillmann’s team will be joined by John Joergensen, a law librarian at Rutgers University (Camden), and Robert Richards, each well known for their work in library-based legal informatics. The work and research LII provides Library of Congress will form the foundation of the Library’s plans to improve digital access to historical and current Congressional legislative information. Important Congressional documents — bills, Presidential documents, committee reports, public laws, and the United States Code among others — will be better organized and easier to find online for scholars, researchers, and average citizens, alike. The project will significantly improve public access to Congressional materials through THOMAS — Congress’ main electronic point of access for the public, as well as the Legislative Information System (LIS) used internally by the Senate and the House of Representatives."
January 06, 2011
CBO - Preliminary Analysis of H.R. 2, the Repealing the Job-Killing Health Care Law Act
Preliminary Analysis of H.R. 2, the Repealing the Job-Killing Health Care Law Act, January 6, 2011 Letter to the Honorable John Boehner
"..this letter describes—in broad terms and on a preliminary
basis—CBO’s assessment of the effects that repealing PPACA and the relevant provisions of the Reconciliation Act would have on federal budget deficits, the federal government’s budgetary commitment to health care, the number of people with health insurance, and health insurance premiums in the private market. (Repealing the provisions of that legislation would also have a variety of other effects on the health care and health insurance systems that this letter, like previous CBO cost estimates, does not address.)"
January 02, 2011
NCSL: A wide range of new legislation goes into effect on Jan. 1, 2011
"A host of new laws ranging from fresh drinking water for students in California to outlawing the use of K2 in Illinois become effective Jan. 1, 2011. Forty-five state legislatures, the District of Columbia, Guam, Virgin Islands and Puerto Rico met in regular session in 2010 and enacted 31,005 new laws. In 2011, all 50 states and territories will meet. The National Conference of State Legislatures (NCSL) found a host of those state laws—in at least 26 states ranging from controversial to clever—that will become effective on New Year's Day. In Montana, payday lenders will be limited in the amount of fees and interest rates they can charge to borrowers. In Minnesota, retailers will be banned from selling children’s cups and bottles that contain bisphenol A (BPA). And in Delaware, Kansas and Kentucky, drivers will be prohibited from texting while driving. Not all laws passed by state legislatures become effective on Jan. 1. State constitutions or statutes usually establish when laws go into effect. Sometimes, an effective date is written into the specific piece of legislation. This is not an exhaustive list, but a sampling of some new state laws (organized alphabetically by topic) effective on New Year’s Day."
December 27, 2010
Kaiser Health Tracking Poll -- December 2010
"As 2010 draws to a close, the latest tracking poll shows the public still divided in their views of the health reform law, a sentiment largely unchanged since the law’s enactment in March. Forty-two percent of Americans say they have a generally favorable view of the law, while 41 percent have a generally unfavorable view of it. Seniors, generally more critical of the law than younger people, seem to be softening in their opposition as the national discussion shifts to the federal budget and deficit. The share of those aged 65 and up holding unfavorable views of health reform dropped to 40 percent in December, the lowest since the passage of the law. As the weak economy continues, the survey finds that a significant number of people are struggling to stay afloat financially. One in four say their household has had trouble paying medical bills over the past year, and 54 percent say they have delayed needed medical care because of cost. Newspapers, radio news, or other online news sources continue to be the most common channels through which Americans receive information about health reform, with two-thirds of Americans saying they learn about the law that way. Almost as many say they have gotten information about the law through friends and family (64%) and via cable TV news channels and websites (61%). Fifty-eight percent say they get such information through national broadcast network news channels and websites."
December 25, 2010
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Changes to the Regulation of Derivatives and their Impact on Agribusiness
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Changes to the Regulation of Derivatives and their Impact on Agribusiness, By Michael K. Adjemian and Gerald E. Plato, Outlook Report No. (AIS-89) 21 pp, November 2010
"The Dodd-Frank Wall Street Reform and Consumer Protection Act makes significant changes to Federal regulation of the U.S. over-the-counter (OTC) derivatives market, with the goals of improving market transparency and reducing systemic default risk. This article reviews some important features of the new law and discusses their potential impact on agribusiness, much of which will depend on how the rules are written and implemented by regulators."
December 21, 2010
Selected CBO Publications Related to Health Care Legislation, 2009–2010
Selected CBO Publications Related to Health Care Legislation, 2009–2010, December 22, 2010.
"In March 2010, the Congress passed and the President signed into law legislation that makes major changes to the U.S. health care and health insurance systems. That legislation came in two parts: the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Among other things, those laws will establish a mandate for most legal residents of the United States to obtain health insurance; create insurance exchanges through which certain individuals and families will receive federal subsidies; significantly expand eligibility for Medicaid; reduce the growth of Medicare’s payment rates for most services; impose an excise tax on insurance plans with relatively high premiums; impose certain taxes on individuals and families with relatively high incomes; and make various other changes to the federal tax code, Medicare, Medicaid, and other programs. (In addition, the Reconciliation Act substantially alters federal programs governing loans and grants for postsecondary education.)"
December 18, 2010
Senate Repeals "Don't Ask, Don't Tell" - Sends to President
NYT: "The Senate on Saturday struck down the ban on gay men and lesbians serving openly in the military, bringing to a close a 17-year struggle over a policy that forced thousands of Americans from the ranks and caused others to keep secret their sexual orientation. By a vote of 65 to 31, with eight Republicans joining Democrats, the Senate approved and sent to President Obama a repeal of the Clinton-era law, known as “don’t ask, don’t tell,” a policy critics said amounted to government-sanctioned discrimination that treated gay and lesbian troops as second-class citizens...Senator Ron Wyden, Democrat of Oregon, said as the debate opened. “If you love this country enough to risk your life for it, you shouldn’t have to hide who you are."
December 12, 2010
New on LLRX.com: Dodd-Frank Wall Street Reform and Consumer Financial Protection Act: A Brief Legislative History
LLRX.com: Dodd-Frank Wall Street Reform and Consumer Financial Protection Act: A Brief Legislative History with Links, Reports and Summaries
The "craft" of legislative history construction is practiced with unique and outstanding expertise by law librarian Rick McKinney. This history is designed in a streamlined fashion so as to allow users to more easily check when provisions in the law got into bill and then check for related remarks concerning those provisions. It also has links to earlier legislation related to different titles of the Act, to the Administration's proposed legislation in 2009, to related CRS reports, and to various summaries and commentaries of the law on the Web.
November 24, 2010
CBO - Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output
Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output From July 2010 Through September 2010, November 24, 2010
The American Recovery and Reinvestment Act of 2009 (ARRA) contains provisions that are intended to boost economic activity and employment in the United States. Section 1512(e) of the law requires the Congressional Budget Office (CBO) to comment on reports filed by recipients of ARRA funding that detail the number of jobs funded through their activities. This CBO report fulfills that requirement. It also provides CBO’s estimates of ARRA’s overall impact on employment and economic output in the third quarter of calendar year 2010. Those estimates--which CBO considers more comprehensive than the recipients’ reports--are based on evidence from similar policies enacted in the past and on the results of various economic models."
November 22, 2010
CRS: Water Infrastructure Projects Designated in EPA Appropriations: Trends and Policy Implications
Water Infrastructure Projects Designated in EPA Appropriations: Trends and Policy Implications, Claudia Copeland, Specialist in Resources and Environmental Policy, October 28, 2010
"Congressional action to designate funds within appropriations legislation for specified projects or locations has been increasing in recent years as a way to help communities meet needs to build and upgrade water infrastructure systems, whose estimated future funding needs exceed $630 billion. Such legislative action has often been popularly referred to as earmarking. This report discusses appropriations for water infrastructure programs of the Environmental Protection Agency (EPA), focusing on such designations in the account that funds these programs. Information on the programmatic history of EPA involvement in assisting wastewater treatment and drinking water projects is provided in two appendixes. Congressional appropriators began the practice of supplementing appropriations for the primary Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) assistance programs with grants for individually designated projects in FY1989. These designated project grants are often referred to as earmarks or as STAG grants. Since 1989, of the $56.8 billion appropriated to EPA for water infrastructure assistance, more than 13% ($7.4 billion) has gone to designated project grants. Notably since FY2000, appropriators have awarded such grants to a larger total number of projects, resulting in more communities receiving such assistance, but at the same time receiving smaller amounts of funds, on average. Members of Congress may intervene to provide funding for a specific community for a number of reasons. In some cases the community may have been unsuccessful in getting state approval to
fund the project under other programs."
CRS: The Status of the Basel III Capital Adequacy Accord
The Status of the Basel III Capital Adequacy Accord, Walter W. Eubanks, Specialist in Financial Economics, October 28, 2010
"The new Basel Capital Adequacy Accord (Basel III) is of concern to Congress mainly because it could put U.S. financial institutions at a competitive disadvantage in world financial markets. The Basel capital accord is an agreement among countries’ central banks and bank supervisory authorities on the amount of capital banks must hold as a cushion against losses and insolvency. Higher capital requirements constrain bank lending and profitability. The accords are not treaties. Member countries may modify the agreement to suite their financial regulatory structures. The concern is that Basel III might be in conflict with the new capital requirements U.S. regulators are implementing under the Dodd-Frank Act (P.L. 111-203). Basel III was the central focus of the discussion at the September 22, 2010, House Committee on Financial Services hearing on international regulatory issues relevant to the implementation of the Dodd-Frank Act. A day after member central bank governors approved the quantitative capital requirements of Basel III, Senate Banking Committee Chairman Christopher Dodd issued a statement warning of the potential for international regulatory arbitrage in implementing Basel III."
CRS: Rulemaking Requirements and Authorities in the Dodd-Frank Wall Street Reform and Consumer Protection Act
Rulemaking Requirements and Authorities in the Dodd-Frank Wall Street Reform and Consumer Protection Act, Curtis W. Copeland, Specialist in American National Government, November 3, 2010
"The Dodd-Frank Wall Street Reform and Consumer Protection Act
November 21, 2010
New on LLRX.com - "The FDsys": the new GPO Access
"The FDsys": the new GPO Access - "GPO Access will be going away soon as the U.S. Government Printing Office rolls out the Federal Digital System (FDsys), an advanced digital system that will enable GPO to manage Government information from all three branches of the U.S. Government. Learn about the new system and its features, what content is available through it, and search strategies. Not only is FDsys a powerful tool for the public to access online, authoritative Federal information, but it also serves as a preservation repository for the content and a content management system for Federal agencies."
SEC Proposes Rules on Security-Based Swap Reporting
Fact Sheet: "The Securities and Exchange Commission today voted unanimously to propose new rules entailing how security-based swap transactions should be reported and publicly disseminated. The rules are proposed under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which generally authorizes the SEC to regulate security-based swaps. The proposed rules (Regulation SBSR) represent an important step in the SEC's continuing effort to increase the transparency of the security-based swap market and fulfill mandates under the Dodd-Frank Act."
November 18, 2010
CBO: Preliminary Analysis of the Rivlin-Ryan Health Care Proposal
A Long-Term Plan for Medicare and Medicaid, Alice Rivlin and Paul Ryan, November 17, 2010
Preliminary Analysis of the Rivlin-Ryan Health Care Proposal, November 17, 2010: "Congressman Ryan and his staff recently provided specifications for a proposal that would substantially change federal payments under the Medicare and Medicaid programs. Although an extensive analysis of that proposal is not feasible in the time available, CBO has conducted a preliminary analysis of its major provisions — the results of which are summarized here.
- Key Feature of the Proposal: MEDICARE - People who turn 65 in 2021 or later years would not enroll in the current Medicare program but instead would receive a voucher with which to purchase private health insurance. Although the voucher system would not be implemented until 2021, the amount of the voucher would be calculated by taking the average federal cost per Medicare enrollee in 2012 (net of enrollee premiums) and growing that amount at the annual rate of growth in GDP per capita plus one percentage point."
November 17, 2010
Federal Reserve issues proposal to implement Volcker Rule conformance period
"The Board is requesting comment on a proposed rule that would implement the conformance period during which banking entities and nonbank financial companies supervised by the Board must bring their activities and investments into compliance with the prohibitions and restrictions on proprietary trading and relationships with hedge funds and private equity funds imposed by section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). Section 619 is commonly referred to as the “Volcker Rule.”
November 16, 2010
Why New Growth Companies Aren't Going Public And Unrecognized Risks Of Future Market Disruptions
Choking the Recovery: Why New Growth Companies Aren't Going Public And Unrecognized Risks Of Future Market Disruptions - Harold Bradley and Robert E. Litan, Nov. 12, 2010 [The authors are Chief Investment Officer and Vice President for Research and Policy, respectively, at the Ewing Marion Kauffman Foundation]
"A strong, sustained recovery will require the formation and growth of new scale companies. These companies, in turn, often require access to equity capital as they grow. Traditionally, this has best been accomplished by the floating of shares in an initial public offering (IPO). IPOs have been down substantially over the past decade. Many factors have been alleged to have contributed to this trend, among them, the higher regulatory cost of going and remaining public under the Sarbanes-Oxley Act (SOX) of 2002. But a far more important, and heretofore unrecognized, deterrent to growth company IPOs is the proliferation of new indexed securities derivatives essentially. Initially, these products took the form of mutual funds; now they are increasingly represented as "exchange traded funds" or ETFs. We show here that ETFs are radically changing the markets, to the point where they, and not the trading of the underlying securities, are effectively setting the prices of stocks of smaller capitalization companies, or the potential new growth companies of the future. In the process, ETFs that once were an important low-cost way for investors to assemble diversified stock holdings are now undermining the traditional price discovery role of exchanges and, in turn, when combined with the high Sarbanes Oxley compliance costs for small companies are discouraging new companies from wanting to be listed on U.S. exchanges."
Related postings on the financial system
November 06, 2010
Affordable Care Act and Pre-Existing Condition Insurance Plan
"Health Reform and Americans with Pre-existing Conditions - The Pre-Existing Condition Insurance Plan was created to make health insurance available to you if you have had a problem getting insurance due to a pre-existing condition. The Pre-Existing Condition Insurance Plan:
- Will cover a broad range of health benefits, including primary and specialty care, hospital care, and prescription drugs.
- Doesn’t charge you a higher premium just because of your medical condition.
- Doesn’t base eligibility on income."
- Related postings on Affordable Health Care
November 03, 2010
SEC Proposes New Whistleblower Program Under Dodd-Frank Act
News release: "The Securities and Exchange Commission today voted unanimously to propose a whistleblower program to reward individuals who provide the agency with high-quality tips that lead to successful enforcement actions. The SEC’s proposed rule under the Dodd-Frank Wall Street Reform and Consumer Protection Act maps out a simple, straightforward procedure for would-be whistleblowers to provide critical information to the agency. It conveys how would-be whistleblowers can qualify for an award through a transparent process that provides them a meaningful opportunity to assert their claim to an award."
CRS - Interagency Contracting: An Overview of Federal Procurement and Appropriations Law
Interagency Contracting: An Overview of Federal Procurement and Appropriations Law, October 01, 2010
"This report provides an overview of the federal procurement and appropriations laws governing interagency contracting. "Interagency contracting" is the term used to describe several procurement relationships between government agencies. The first is one of buyer and seller, where agency A directly purchases goods or services from agency B. Second is that of co-purchasers, where agency A joins with agency B to contract for goods or services to obtain economies of scale or some other benefit. Third, agency A might hire agency B to negotiate and/or manage agency A's contracts in toto or in a specific area. Interagency contracting is a marked departure from the traditional model of government contracting, wherein agencies have their own contracts with vendors and rely upon the services of their own contracting officers in drafting and managing these contracts. Interagency contracting can occur under several different statutory authorities, including (1) the Economy Act of 1932; (2) the Information Technology Management Reform Act of 1996, also known as the Clinger-Cohen Act, authorizing government-wide acquisition contracts (GWACs); (3) the Federal Property and Administrative Services Act of 1949, as amended by the Office of Federal Procurement Policy Act of 1974, underlying the Federal Supply Schedules (FSS), also known as the General Services Administration (GSA) Schedules or Multiple Award Schedules (MAS); and (4) the Government Management Reform Act of 1994 and other authorities creating franchise funds and interagency assisting entities."
October 25, 2010
CRS Report - Pay Equity Legislation
Pay Equity Legislation, Jody Feder, Legislative Attorney, Linda Levine, Specialist in Labor Economics, September 20, 2010
"The term “pay equity” originates from the fact that women as a group are paid less than men. In recent years, for example, women with a strong commitment to the workforce earned about 77 to 80 cents for every dollar earned by men. As women’s earnings a percentage of men’s earnings have narrowed by less than 20 percentage points over the past 40-plus years, some members of the public policy community have argued that current anti-discrimination laws should be strengthened and that additional measures should be enacted. Others, in contrast, believe that further government intervention is unnecessary because the gender wage gap will narrow on its own as women’s labor market qualifications continue to more closely resemble those of men."
October 22, 2010
CBO: Economic Effects of the March Health Legislation
CBO - Economic Effects of the March Health Legislation, Presentation at the Schaeffer Center of the University of Southern California, October 22, 2010
"Total spending on health care now accounts for about 15 percent of GDP, and CBO projects that it will represent more than 25 percent by 2035. Therefore, changes in the performance of this part of the economy are increasingly critical to the performance of the economy as a whole."
Related postings on financial system
October 19, 2010
EIA Analysis of Selected Provisions of Domestic Manufacturing and Energy Jobs Act of 2010
Analysis of Selected Provisions of the Domestic Manufacturing and Energy Jobs Act of 2010 — Oct 18, 2010
"This analysis service report responds to Janice Mays, Staff Director of the U.S. House of Representatives' Committee on Ways and Means, requesting that the U.S. Energy Information Administration (EIA) analyze several provisions included in the July 26, 2010, discussion draft of the Domestic Manufacturing and Energy Jobs Act of 2010. EIA was asked to analyze five specific provisions: an extension of the tax credit for manufacturers of energy efficient appliances (section 102); the establishment of Home Energy Conservation Bonds (HECBs) (section 301); an extension of the placed-in-service deadline for the 30 percent investment tax credit for offshore wind and geothermal properties (section 202); an extension of the Clean Renewable Energy Bonds (CREBs) program (section 203); and an investment tax credit for heavy vehicles using natural gas, hybrid electric, or all-electric drive (section 401)."
October 16, 2010
Opportunities for Community Development Finance in the Disability Market
Opportunities for Community Development Finance in the Disability Market, Federal Reserve Bank of Boston, September 2010.
"At the 20th Anniversary of the Americans with Disabilities Act (ADA), there is much to celebrate regarding the economic gains of individuals with disabilities. The protections against discrimination based on disability created by the passage of the ADA in 1990 and the ADA Amendment Act in 1998 have opened up opportunities in housing and employment, significantly increased the accessibility of public places, and helped us all focus on people and their talents, rather than their differences. But there is still much to be done to promote self‐sufficiency for Americans with disabilities and the kinds of opportunities in employment, savings, and housing that are enjoyed by their peers without disabilities. Individuals with disabilities still report lower incomes, higher unemployment, and lower usage of savings, investment, and other financial services and products."
October 13, 2010
Treasury: The American Opportunity Tax Credit
The American Opportunity Tax Credit, Department of the Treasury, October 12, 2010: "The President created the American Opportunity Tax Credit (AOTC) as part of the American Recovery and Reinvestment Act, which he signed into law in February 2009. The AOTC replaces the Hope Scholarship credit for Tax Years 2009 and 2010, increasing the benefits for nearly all Hope credit recipients and many other students by providing a maximum benefit up to $2,500 per student – 100 percent of their first $2,000 in tuition and 25 percent of the next $2,000 –expanding the income range over which taxpayers can claim a credit, and making the credit partially refundable. If the AOTC is made permanent, as proposed in the President’s FY 2011 Budget, a student could receive a credit up to $10,000 over four years."
October 11, 2010
New on LLRX.com: FOIA Facts - Mid-Term FOIA Grade for the Obama Administration
LLRX.com: FOIA Facts - Mid-Term FOIA Grade for the Obama Administration - Scott A. Hodes provides perspective, and an overall grade, to how the administration has done during the first half of its first term in regard to FOIA.
October 10, 2010
New York Fed: Basel and the Wider Financial Stability Agenda
Basel and the Wider Financial Stability Agenda, October 10, 2010, William C. Dudley, President and Chief Executive Officer. Remarks at the 2010 Institute of International Finance Annual Membership Meeting, Washington, D.C.
"Over the past year, important new regulatory initiatives have been advanced both at the national and international level. These include the recent agreement in Basel on stronger capital and liquidity standards for internationally active banks and the considerable regulatory changes embodied in the Dodd-Frank Act (DFA). Today I want to discuss some of these initiatives, with a special focus on the recent agreement in Basel on capital and liquidity for large, internationally active banks. I will give my perspective on how these efforts have been informed by the lessons of the financial crisis and discuss what some of the likely consequences may be as these measures are put in place.
October 03, 2010
NCSL Projected Revenue Growth in FY 2011 and Beyond
"This new report from NCSL [National Center for State Legislatures], Projected Revenue Growth in FY 2011 and Beyond, shows that after several years of steep declines, state revenues are starting to pick up. State officials have anxiously awaited this turnaround for months or, in some cases, years. State revenue collections consistently underperformed forecasts throughout the recession, and they continued to struggle even after the recession ended. Lawmakers expect to have closed multi-year budget gaps exceeding $530 billion by the time the effects of the recession dissipate. And despite recent revenue improvements, more gaps loom as states confront the phase out of federal stimulus funds, expiring tax increases and growing spending pressures. This new report includes:
- State tax forecasts for FY 2011 compared to estimated FY 2010 collections. It includes projected growth for total taxes and information for personal income, sales, corporate income and miscellaneous taxes.
- Long-term tax collection forecasts, which cover projected tax growth for FY 2012, FY 2013 and FY 2014 for states with forecasts going out that far.
- Projected peak and return to peak revenue collections, which represent a more comprehensive view of state resources than what is accounted for by state own-source taxes. This discussion covers the peak fiscal year for general fund revenues and when states expect to return to those peak levels.
- A broader view of the state fiscal situation with state examples of the current and expected fiscal environment."
September 21, 2010
Vice President Biden, University Leaders Discuss Impact of Stimulus on Research and Innovation
News release: The presidents of six leading research universities and two higher-education associations joined Vice President Joe Biden and White House science advisor Dr. John Holdren to discuss the scientific research and related activities that have been made possible by the
American Recovery and Reinvestment Act (ARRA). Participating in the event held in the Roosevelt Room of the White House were France Córdova, president, Purdue University; Ron Daniels, president, The Johns Hopkins University; Elson Floyd, president,
Washington State University; Amy Gutmann, president, University of Pennsylvania; J. Bernard Machen, president, University of Florida; Mark Yudoff, president, University of California; Robert Berdahl, president, Association of American Universities; and M. Peter McPherson, president, Association of Public and Landgrant Universities. The American Recovery and Reinvestment Act, also known as the stimulus, contained $21.5 billion for scientific research, the purchase of capital equipment and science-related construction projects. While thousands of jobs have been created directly or retained as a result of this funding, the focus of this {September 21, 2010] discussion was on the basic research and discovery that would not have been possible if not for the ARRA. Although the investment was less than 3 percent of the $787 billion stimulus measure, the money represented an historic infusion of funding for research. It was also an affirmation of the essential role scientific inquiry and discovery play in both short-term recovery and long-term economic growth...university laboratories in every state in the nation, supported by the National Institutes of
Health with an infusion of ARRA funds, are conducting cutting-edge biomedical research [please check the links that reference specific research, that are included]."
EEOC Files Trio of New Cases under Amended Americans with Disabilities Act
News release: "Taking another step in its commitment to end disability discrimination in employment, the U.S. Equal Employment Opportunity Commission (EEOC) announced the filing of three new disability discrimination cases today, charging employers in Georgia, Maryland and Michigan with violations of the recently amended Americans With Disabilities Act (ADA). The cases — all filed under the broader and simplified definition of disability set forth in the ADA Amendments Act (ADAAA) — allege discrimination against qualified individuals with diabetes, cancer and severe arthritis."
September 17, 2010
Vice President Biden's New Report on 100 Recovery Act Projects Changing America
100 Recovery Act Projects That Are Changing America, September 2010
"Many of these projects also lay the foundation for sustainable economic growth and job creation: traditional infrastructure projects like highway, railroad, and waterway construction and 21st century infrastructure projects like the installation of broadband lines and towers. What’s more, whole new industries are springing up on American soil. In the past eighteen months, we have broken ground on nine electric‐car battery plants, which will provide capacity for twenty percent of the world’s car batteries—up from two percent when the Recovery Act passed. We have approved work on the world’s largest solar plant, we are supporting wind farms, we have weatherized almost 200,000 homes, and we have installed over two million smart meters. We are building improved health facilities for American troops, helping small businesses get loans, and building cutting‐edge clean energy technologies in the United States."
September 16, 2010
Sunlight Foundation Announces House Rules Proposals for the 112th Congress
House Rules Changes: Sunlight’s Proposals for the 112th Congress, September 16, 2010
"The rules of the House and Senate have extraordinary influence. The Constitution, in granting each chamber the ability to “determine the rules of its proceedings,” has allowed Congress to create the evolving set of processes, norms and standards by which it functions. The rules define legislative order, construct a leadership power structure, lay out the committee system and establish rules for conduct and disclosure. The Rules of the House are routinely changed every two years at the beginning of each new Congress. While recent reforms have created more disclosure than ever before, congressional transparency reforms must be considered an imperative for congressional leadership. And the robust use of technology can make disclosure into a better ethics enforcer, a more effective educator and a strong arbiter of public policy. The House must redouble its commitment to transparency, and deepen the relationship between constituents and representatives. The 112th Congress can be the most open and accountable Congress ever, and online transparency can help Congress reach that goal. Sunlight has pored through the Rules of the House and identified a series of reforms. While this list applies specifically to the House, they can apply largely to the Senate as well. To learn more about our other solutions for a more open government beyond rules reform, such as greater campaign finance disclosure, lobbying reform and executive branch transparency, see our Policy Agenda."
Panel Tells Congress, Defense Department of Urgent Need to Enhance Nation's Preparedness for Domestic Disasters
News release: "A panel of retired senior U.S. military officers, former Members of Congress, National Guard generals and academics with expertise in responding to domestic disasters today delivered to the Congress and the secretary of defense a far-reaching report that details how defense officials can better support the nation's response to a major disaster on United States soil. The congressionally mandated panel, supported by staff from the RAND Corporation, told lawmakers and the secretary that the United States has an urgent need to implement changes in the way the Department of Defense plans for and would respond to a chemical, biological, radiological, nuclear or high-yield explosive (CBRNE) incident. In all, the report provides more than 40 recommendations for the president, the Congress, the secretary of defense, other federal Cabinet secretaries and governors about how to overcome obstacles that complicate the nation's ability to respond effectively to CBRNE incidents...The Advisory Panel on Department of Defense Capabilities for Support of Civil Authorities After Certain Incidents was mandated by Congress through the National Defense Authorization Act for fiscal year 2008, as amended by the National Defense Authorization Act for fiscal year 2009."
Before Disaster Strikes - Imperatives for Enhancing Defense Support of Civil Authorities, September 15, 2010
September 14, 2010
New Online Map with State Legislative Links From Library of Congress
State Legislature Websites: Via the THOMAS site, this graphical map provides mouse-over and text based links to State Legislature Websites For U.S. States and Territories, as well as key links to Other State Legislative Information.
September 12, 2010
Nonprofit Groups: Tons of Foods Recalled and Thousands Sickened as Senate Stalls on Food Safety
Center for Science in the Public Interest: "As the nation reels from the impact of a massive egg recall that has sickened well over 1,500 people, survivors of foodborne illness and consumer advocates say that antiquated laws and poor enforcement are to blame. According to a new report, the massive egg recall is only the latest—but largest—of 85 recalls that companies made while food safety reform legislation has been pending in the Senate, and since similar legislation passed the House in July of 2009. All told, at least 1,850 people have been sickened from foods subject to a recall, according to a report issued today by three consumer groups. And since foodborne illness is dramatically under reported, the actual toll of illness is almost certainly in the tens of thousands."
August 10, 2010
Joint Release/Agencies Issue Advance Notice of Proposed Rulemaking Regarding Alternatives to the Use of Credit Ratings in the Regulatory Capital Guidelines
Agencies Issue Advance Notice of Proposed Rulemaking Regarding Alternatives to the Use of Credit Ratings in the Regulatory Capital Guidelines, August 10, 2010
"The federal banking agencies (agencies) today have agreed to publish an advance notice of proposed rulemaking (advance notice) regarding alternatives to the use of credit ratings in their risk-based capital rules (capital rules) for banking organizations. The advance notice is issued in response to section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Act), enacted on July 21, 2010, which requires the agencies to review regulations that (1) require an assessment of the credit-worthiness of a security or money market instrument and (2) contain references to or requirements regarding credit ratings. In addition, the agencies are required to remove such references and requirements and substitute in their place uniform standards of credit-worthiness, where feasible."
Related postings on financial system
August 09, 2010
DOE Announces $115.3 Million for 124 Grants to Improve Teaching of American History
News release: "U.S. Secretary of Education Arne Duncan today announced the award of $115.3 million to 124 school districts to improve the quality of teaching American history in our nation's schools. The Teaching American History grant program aims to enhance teachers' understanding of American history through intensive professional development, including study trips to historic sites and mentoring with professional historians and other experts. Projects are required to partner with organizations that have broad knowledge of American history, such as libraries, museums, nonprofit historical or humanities organizations, and higher education institutions. History is one of the core academic subjects under the Elementary and Secondary Education Act. Teaching American History grants are funded for a three-year period. They will be awarded to school districts in 40 states, the District of Columbia, and American Samoa."
August 07, 2010
CDT Comparison Chart on Current Privacy Bills
"CDT submits the following chart as an addendum to the written testimony of Leslie Harris, President and Chief Executive Officer of the Center for Democracy and Technology before the House Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and Consumer Protection on The BEST PRACTICES Act of 2010 and Other Federal Privacy Legislation on July 22, 2010. The chart compares some of the key provisions in both bills, and issues CDT’s recommendations about the approach we believe privacy legislation should take."
Text of H.R. 5777, the BEST PRACTICES Act
Text of H.R. ___, a bill to require notice to and consent of an individual prior to the collection and disclosure of certain personal information relating to that individual.
August 04, 2010
New GAO Reports: Lower Copyright Royalty Rate, Medicaid Managed Care, Recovery Act
- In a Previous Rate-Setting Proceeding for Some Sound Recordings, the Standard Addressing the Disruptive Impact on the Industries Contributed to a Lower Copyright Royalty Rate, but the Effect of Its Proposed Removal Is Unclear, GAO-10-828R, August 04, 2010
- Medicaid Managed Care: CMS's Oversight of States' Rate Setting Needs Improvement, GAO-10-810, August 04, 2010
- Recovery Act: Further Opportunities Exist to Strengthen Oversight of Broadband Stimulus Programs, GAO-10-823, August 04, 2010
- Social Security Administration: Cases of Federal Employees and Transportation Drivers and Owners Who Fraudulently and/or Improperly Received SSA Benefits, GAO-10-949T, August 04, 2010
- Social Security Administration: Cases of Federal Employees and Transportation Drivers and Owners Who Fraudulently and/or Improperly Received SSA Disability Payments, GAO-10-444, June 25, 2010
August 03, 2010
2010 Immigration-Related Laws and Resolutions in the States
2010 Immigration-Related Laws and Resolutions in the States (January-June 2010), National Conference of State Legislatures
"With no federal immigration reform in the foreseeable future, state legislatures continue to step up to the plate to address the complex and challenging issue of immigration. In the first six months of 2010, every state in regular session considered laws related to immigrants or immigration. State legislators introduced 1,374 bills and resolutions in 46 states relating to immigrants and refugees. The number of bill introductions is comparable to the first half of 2009, when 50 states considered more than 1,400 bills and resolutions pertaining to immigrants. Montana, Nevada, North Dakota and Texas are not in regular session in 2010. As of June 30, 2010, 44 state legislatures passed 191 laws and adopted 128 resolutions. Five bills were vetoed, for a total of 314 enacted laws and resolutions, a 21 percent increase over 2009. An additional 10 bills were pending governor’s approval. For the same period in 2009, 44 states had enacted 144 laws and adopted 115 resolutions; 23 were pending governor’s approval and three bills were vetoed. Delaware and North Carolina have introduced bills but have yet to enact legislation.
August 01, 2010
Changes to the Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals
News release: "The Centers for Medicare & Medicaid Services (CMS) today issued a final rule establishing fiscal year (FY) 2011 policies and payment rates for inpatient services furnished to people with Medicare by acute care hospitals, long-term care hospitals (LTCHs), and certain excluded hospitals. Due to the timing of the passage of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively, the “Affordable Care Act”), CMS issued a FY 2011 IPPS/LTCH proposed rule, as well as a supplemental proposed rule that addressed certain changes made by the Affordable Care Act..The final rule applies to approximately 3,500 acute care hospitals paid under the Inpatient Prospective Payment System (IPPS), and approximately 420 long-term care hospitals paid under the LTCH Prospective Payment System (PPS), for discharges occurring on or after October 1, 2010. It also updates the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits. The updated rate-of-increase limits are effective for cost reporting periods beginning on or after October 1, 2010."
July 29, 2010
House Financial Services Committee Approves Legislation to Legalize Internet Gaming
News release: "July 28, 2010, the House Financial Services Committee passed legislation to enable Americans to bet online and put an end to an inappropriate interference with their personal freedom. H.R. 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act of 2009 would establish a federal regulatory and enforcement framework under which Internet gambling operators could obtain licenses authorizing them to accept bets and wagers from individuals in the United States. The legislation comes in response to the enactment of Unlawful Internet Gambling Enforcement Act (UIGEA), which restricted the use of the payments system for Americans who gamble online."
"The Internet Gambling Regulation Consumer Protection & Enforcement Act would establish a federal regulatory and enforcement framework under which Internet gambling operators could obtain licenses authorizing them to accept bets and wagers from individuals in the U.S., on the condition that they maintain effective protections against underage gambling, compulsive gambling, money laundering and fraud, and enforce prohibitions or restrictions on types of gambling prohibited by states, and Indian Tribes."
July 20, 2010
Testimony: International cooperation and financial regulatory modernization
Governor Daniel K. Tarullo - International cooperation and financial regulatory modernization, Before the Subcommittee on Security and International Trade and Finance, Committee on Banking, Housing, and Urban Affairs, U.S. Senate, Washington, D.C., July 20, 2010
"When you held a hearing on this topic in the fall, I gave an overview of the Federal Reserve's role in international cooperative activities and reviewed some pertinent recent developments. In my testimony today, I will begin by enumerating the goals that should inform U.S. participation in international regulatory and supervisory activities. Then I will turn to some of the issues you identified in your invitation letter as being of interest to the Subcommittee in this hearing: the Federal Reserve's role in the international financial reform efforts--including our work on the Basel III reforms, cross-border crisis management and resolution, and incentive compensation--and a preliminary assessment of the likely effect of the Dodd-Frank Act of 2010 on international financial reform. Finally, I will close with a few thoughts on the future role of the Financial Stability Board (FSB) and other international regulatory bodies as we move from the design of financial regulatory reforms to implementation of the new framework."
Related postings on financial system
New Yorker: Obama’s economic adviser and his battles over the financial-reform
The Volcker Rule - Obama’s economic adviser and his battles over the financial-reform bill, by John Cassidy: "Volcker believes that commercial banks, such as Citigroup and Wells Fargo, are worthy of receiving government assistance—and even, in extremis, taxpayer bailouts—because firms and consumers depend upon them for credit. In return for these enterprises being sheltered, they should refrain from risky activities such as proprietary trading and sponsoring hedge funds. “If you are going to be a commercial bank, with all the protections that implies, you shouldn’t be doing this stuff,” Volcker said to me. “If you are doing this stuff, you shouldn’t be a commercial bank.”
Related postings on financial system
July 18, 2010
WSJ: Historic Finance Bill Includes Major New Rules Affecting Nearly Every Corner of Investing World
Follow up to Dodd-Frank Wall Street Reform and Consumer Protection Act - HR 11-517 and Senate passage of the bill by a 60-39 vote on July 15, 2010, via WSJ: "Buried in the bill's 800-odd pages are the most sweeping regulatory changes for ordinary investors in decades, affecting everything from mutual funds and retirement plans to single-stock investments and other holdings. The legislation has the potential to make brokers more accountable to their clients, shine light on hedge funds and improve the transparency of the complex derivatives on which many mutual funds and pension plans rely to hedge their risks."
Related postings on financial system
CRS - The Budget Reconciliation Process: The Senate's "Byrd Rule"
The Budget Reconciliation Process: The Senate's "Byrd Rule", July 02, 2010
"During the first five years that the Byrd rule was in effect, from late 1985 until late 1990, it consisted of two separate components—(1) a provision in statute applying to initial Senate consideration of reconciliation measures, and (2) a Senate resolution extending application of portions of the statutory provision to conference reports and amendments between the two houses. Several modifications were made to the Byrd rule in 1986 and 1987, including extending its expiration date from January 2, 1987, to January 2, 1988, and then to September 30, 1992, but the two separate components of the rule were preserved. In 1990, these components were merged together and made permanent when they were incorporated into the Congressional Budget Act (CBA) of 1974 as Section 313. There have been no further changes in the Byrd rule since 1990."
July 14, 2010
House Passes Telework Improvements Act of 2010
News release: "Today, in a bipartisan vote, (290 -131) the House of Representatives approved Congressman John Sarbanes’ Telework Improvements Act of 2010. This bill will expand telework opportunities for all federal workers, allowing employees to perform their duties and responsibilities from home or another work site removed from their regular place of employment. “I believe this legislation is necessary so that a formal telework policy can be enacted across the Federal Government and sustained into future Administrations,” said Congressman Sarbanes. “A robust telework program will not only improve government operations during a disaster, it could be used as a tool to reduce traffic congestion in the DC area. Telework has a positive impact on productivity, quality of life and the environment. If fully integrated, it can save taxpayers money by increasing efficiency, reducing federal office space and improving employee retention.” “Telework can be a great way to increase worker productivity, reduce traffic congestion, and protect the environment. This legislation will help the federal government make telework a priority when it is appropriate. It just makes sense,” said Congressman C.A. Dutch Ruppersberger. The government lost $71 million worth of productivity for each day it remained closed during the recent blizzards that blanketed our region, according to an updated estimate released by the Office of Personnel Management. This estimate was reduced from a projected loss of $100 million per day because roughly 30 percent of federal workers in the Washington area teleworked during the storm, OPM announced."
July 08, 2010
FDA Seeks Public Comment on New Federal Menu Labeling Requirements
News release: "The U.S. Food and Drug Administration today announced that it is inviting the public to submit comments and information to help the agency implement a new federal law that requires the posting of calorie content and other nutrition information on menu items at certain chain restaurants and similar retail food operations and vending machines. The new law, Section 4205 of the Affordable Care Act signed into law March 23, 2010, sets new federal requirements for foods sold at certain restaurants, coffee shops, delis, movie theaters, bakeries, ice cream shops, and in vending machines. Prior to the new law, federal law required nutrition labeling on many packaged foods, which may be purchased in supermarkets and at other locations, and some states and local governments required nutritional labeling by restaurants in their jurisdictions. The new law requires restaurants and similar retail food establishments that are part of a chain with 20 or more locations that offer substantially the same menu items to list calorie content information on menus and menu boards, including drive-through menu boards."
July 06, 2010
Citing Conflict with Federal Law, DOJ Challenges Arizona Immigration Law
News release: "The Department of Justice challenged the state of Arizona’s recently passed immigration law, S.B. 1070, in federal court today. In a brief filed in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.” The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status."
White House: The AP’s Look at Health Reform
The White House Blog: The AP's Look at Health Reform: "Today, the Associated Press takes a look at the first stages of the Affordable Care Act and finds that millions will benefit from the new protections in the new law. The story notes:
“The first stage of President Barack Obama's health care overhaul is expected to provide coverage to about 1 million uninsured Americans by next year, according to government estimates… Many others - more than 100 million people - are getting new benefits that improve their existing coverage.”
July 04, 2010
Consumer Bankruptcy Filings Up 14% Through First Half of 2010
News release: "U.S. consumer bankruptcy filings totaled 770,117 nationwide during the first six months of 2010 (Jan. 1-June 30), a 14 percent increase over the 675,351 total consumer filings during the same period a year ago, according to the American Bankruptcy Institute (ABI), relying on data from the National Bankruptcy Research Center (NBKRC). The consumer filings for the first half of 2010 represent the highest total since 2005, when Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act to try and stem the tide of filings, although the number of monthly consumer filings has been steadily decreasing since March."
Related postings on financial system
July 02, 2010
Securing Protections for the Injured from Limitations on Liability Act
Follow up to postings on the Gulf Coast oil spill see H.R.5503 - Securing Protections for the Injured from Limitations on Liability Act. Sponsor: Rep Conyers, John, Jr. [MI-14] (introduced 6/10/2010) Cosponsors (26). Latest Major Action: 7/1/2010. Passed/agreed to in House. Status: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. House Reports: 111-521 Part 1
"Amends the Death on the High Seas Act to extend from 3 to 12 miles from the U.S. shore the high seas jurisdiction wherein a death by a wrongful act, neglect, or default of a person or vessel will allow the personal representative of the decedent to bring a civil action in admiralty (as under current law) or law. Allows such a civil action to be brought, also, by the decedent's spouse, parent, child, or dependent relative. Allows recovery in such an action for fair compensation for nonpecuniary loss (loss of care, comfort, and companionship) as well as pecuniary loss, as under current law, plus a fair compensation for the decedent's pain and suffering. Allows substitution of the decedent's spouse, parent, child, or dependent relative as a plaintiff in an action for personal injury caused by wrongful act, neglect, or default under the Act, if the plaintiff dies during the action as a result of the wrongful act. Amends the Jones Act to allow recovery for loss of care, comfort, and companionship by a seaman injured in the course of employment or the seaman's personal representative if the seaman dies from the injury."
June 29, 2010
President Obama, Vice President Biden Announce $8 Billion for High-Speed Rail Projects Across the Country
Follow up to previous postings on high speed rail in America, this news release: "President Barack Obama and Vice President Joe Biden...[announced] that the U.S. Department of Transportation (USDOT) is awarding $8 billion to states across the country to develop America’s first nationwide program of high-speed intercity passenger rail service. Funded by the American Recovery and Reinvestment Act (ARRA), these dollars represent an historic investment in the country’s transportation infrastructure, which will help create jobs and transform travel in America. The announcement is one of a number of job initiatives the President will lay out in the coming weeks that follow up on the continued commitment to job creation he discussed in last night’s State of the Union Address. A full list of the awards can be viewed HERE."
June 28, 2010
New GAO Reports: Foreign Medical Schools, FDIC Financial Audit, Export Controls, Recovery Act
- Foreign Medical Schools: Education Should Improve Monitoring of Schools That Participate in the Federal Student Loan Program, GAO-10-412, June 28, 2010
- Financial Audit: Federal Deposit Insurance Corporation Funds' 2009 and 2008 Financial Statements, GAO-10-705, June 25, 2010
- Export Controls: Observations on Selected Countries' Systems and Proposed Treaties, GAO-10-557, May 27, 2010
- Information Technology: Management Improvements Are Essential to VA's Second Effort to Replace Its Outpatient Scheduling System, GAO-10-579, May 27, 2010
- Recovery Act: Increasing the Public's Understanding of What Funds Are Being Spent on and What Outcomes Are Expected, GAO-10-581, May 27, 2010
CBO Cost Estimate: H.R. 4173 Dodd-Frank Wall Street Reform and Consumer Protection Act
Follow up to postings on Dodd-Frank Wall Street Reform and Consumer Protection Act, the "CBO and the Joint Committee on Taxation (JCT) estimate that enacting H.R. 4173 would increase revenues by $17.1 billion over the 2011-2015 period and by $26.9 billion over the 2011-2020 period and increase direct spending by $14.9 billion and $26.9 billion, respectively, over the same periods. In total, CBO estimates those changes would reduce budget deficits by $2.3 billion over the 2011-2015 period. The changes in revenues and direct spending from enacting H.R. 4173 would have no net effect on budget deficits for the full 2011-2020 period. Because enacting the legislation would affect direct spending and revenues, pay-as-you-go procedures apply. CBO has not prepared an estimate of the changes in discretionary spending that would arise from implementing the conference agreement."
June 27, 2010
Dodd-Frank Wall Street Reform and Consumer Protection Act
House Financial Services Committee press release: "Dodd-Frank Wall Street Reform and Consumer Protection Act - Create a Sound Economic Foundation to Grow Jobs, Protect Consumers,Rein in Wall Street, End Too Big to Fail, Prevent Another Financial Crisis: "Americans have faced the worst financial crisis since the Great Depression. Millions have lost their jobs, businesses have failed, housing prices have dropped, and savings were wiped out. The failures that led to this crisis require bold action. We must restore responsibility and accountability in our financial system to give Americans confidence that there is a system in place that works for and protects them. We must create a sound foundation to grow the economy and create jobs."
Legislating Consumer Privacy Online & Off
Legislating Consumer Privacy Online & Off: Last month, Congressmen Rick Boucher and Cliff Stearns, respectively Chairman and Ranking Member of the House Subcommittee on Communications, Technology and the Internet, released a discussion draft of legislation "to assure the privacy of information about individuals both on the Internet and offline." This is the most significant movement in over half a decade to craft privacy rules for consumers in the digital age."
June 24, 2010
The Protecting Cyberspace as a National Asset Act of 2010
The Protecting Cyberspace as a National Asset Act of 2010 - This webpage links to facts sheets, summaries, comparisons and other relevant documents on this controversial legislation.
Myth v. Reality The Facts About S. 3480, “Protecting Cyberspace as a National Asset Act of 2010”
United States Senate Committee on Homeland Security and Governmental Affairs, Senator Joseph I. Lieberman, Chairman, Senator Susan M. Collins, Ranking Member: "Our proposed legislation would modernize efforts to safeguard the nation’s cyberspace networks by creating a more robust organizational structure. This framework would enhance public-private partnerships to build preparedness and resiliency, strengthen the security of federal systems and improve awareness of cyberthreats across the country."
Privacy International: UK Police begin investigation into Google Wi-Fi grab
Follow up to Several State Attorneys General Announce Probes of Google Wireless Data Collection, via Privacy International, "Crime reference number 2318672/10 was today issued by London's Metropolitan Police, marking the commencement of investigations into Google for alleged criminal interception of Wireless communications content. Privacy International, which brought the complaint, has been briefed by police on the likely path the investigation will take. In the first instance police will conduct initial inquiries into the essential facts of the case before deciding which (if any) law may have been breached. In this case PI has brought the action under two laws - the Regulation of Investigatory Powers Act and the Wireless Telegraphy Act. The police will need to seek advice on which legislation to focus on, as each involves a different prosecution process."
June 22, 2010
Barney Frank Announces House Offer on Prudential Regulation
News release: "House Financial Services Chairman Frank, on behalf of the House conferees, released the House offer on the titles listed below. The issues will be subject to debate when the House-Senate Conference Committee convenes in room SD-106, Dirksen Senate Office Building, at 1:00 p.m. tomorrow.
Title VI of base text: Improvements to Regulation of Bank and Savings Association Holding Companies and Depository Institutions
Related postings on financial system
The Wall Street Reform Bill: June 22, 2010 Conference Update
News release: "Today House and Senate conferees again met on the bill to bring accountability to Wall Street. The bill creates a new consumer financial protection watchdog, ends too big to fail bailouts, sets up an early warning system to predict and prevent the next crisis, and brings transparency and accountability to exotic instruments such as derivatives. A list of House and Senate offers and counter offers can be found by clicking here."
Related postings on financial system
June 20, 2010
Sunlight Foundation Showcases Best Redesigned .Gov Sites and How A Bill Becomes a Law
"The Design for America contest led to the most compelling, interesting visualizations of any of our contests. With about 72 entries, the design community stepped up and showed amazing ways for us to view government and imagine new ways for government to serve citizens. [The winners are here] The category most illustrative of how government could work is probably the best Redesign of a .Gov Website. We had a lot of great entries in the category - including this wonderful redesign of the Social Security Administration, and a great upgrade of DOL.gov, but the one that really took the cake was a redesign of IRS.gov. This design was great not only because it was strikingly beautiful, but because it used imagination. It didn't seem bound by what was currently on IRS.gov, but rather showed the viewer what the IRS could do. Amazing work. The transformation of complex process into great imagery was also something we hoped for here at Sunlight. The "How A Bill Becomes a Law" category didn't disappoint. Every entry in this category was amazing."
June 16, 2010
CBO Cost Estimate: H.R. 4173, Restoring American Financial Stability Act of 2010
"CBO and the Joint Committee on Taxation (JCT) estimate that enacting H.R. 4173 would increase revenues by $12.1 billion over the 2011-2015 period and by $33.5 billion over the 2011-2020 period and increase direct spending by $25.0 billion and $53.2 billion over the same periods, respectively. In total, CBO estimates those changes would increase budget deficits by $12.9 billion over the 2011-2015 period and by $19.7 billion over the 2011-2020 period.1 In addition, CBO estimates that implementing the act would increase spending subject to appropriation by $4.6 billion over the 2011-2015 period and $13.2 billion over the 2011-2020 period. Because enacting the legislation would affect direct spending and revenues, pay-as-you go procedures apply. Pursuant to section 311 of the Concurrent Resolution on the Budget for Fiscal Year 2009 (S. Con Res. 70), CBO estimates that the act would increase projected deficits by more than $5 billion in at least one of the four consecutive 10-year periods starting in 2021."
June 15, 2010
Frank Announces House Offer on Investor Protection, Executive Compensation, Fed and Emergency Liquidity Provisions
Follow up to Frank Announces House Offer to Base Text on Private Funds, Credit Rating Agencies, Thrifts and Insurance, this new announcement: "Chairman Frank, on behalf of the House conferees, released the House offer on the titles listed below. The issues will be subject to debate when the House-Senate Conference Committee convenes in room 2128 Rayburn at 11:00 a.m. [June 16, 2010].
June 14, 2010
Health and Human Services, Labor, and Treasury Issue Regulation on "Grandfathered" Health Plans under the Affordable Care Act
News release: "The U.S. Departments of Health and Human Services, Labor and Treasury today issued a new regulation that makes good on President Obama’s promise that Americans who like their health plan can keep it. The new regulation protects the ability of individuals and businesses to keep their current plan while providing important consumer protections that give Americans – rather than insurance companies – control over their own health care. The new regulation also provides stability and flexibility to insurers and businesses that offer health insurance coverage as the nation transitions to a more competitive marketplace in 2014 when businesses and consumers will have more affordable choices through exchanges...While the Affordable Care Act requires all health plans to provide important new benefits to consumers, under the law, plans that existed on March 23, 2010 are exempt from some new requirements. The “grandfather rule” issued today makes it clear that these plans can continue to innovate and contain costs by allowing insurers and employers to make routine changes without losing grandfather status. Plans will lose their “grandfather” status if they choose to significantly cut benefits or increase out-of-pocket spending for consumers – and consumers in plans that make such changes will gain new consumer protections."
- "Details about what routine changes insurers and employers can make without losing their grandfathered status, and the projected impact on large and small employer plans and the individual plan market can be found here.
- A fact sheet about the regulation can be found here
- You can view the regulation here."
.
Frank Announces House Offer to Base Text on Private Funds, Credit Rating Agencies, Thrifts and Insurance
News release: "Chairman Frank, on behalf of the House conferees, released the House offer on the titles listed below. The issues will be subject to debate when the House-Senate Conference Committee convenes June 15, 2010. The issues for tomorrow’s offer:
BP Responds to Admiral's Call for Fast Implementation of New Safety and Redundancy Plans
Follow up to posting, Coast Guard R. Admiral Gives BP 48 Hours to Identify Leak Containment Capacity, this new letter inclusive of graphs, from BP responding to the Admiral's directive that "sets out the plans for rebuilding additional capacity and redundancy for the containment of oil from the Deepwater Horizon oil spill..."
See also this slide show from the League of Conservation Voters: Oil Spill and Energy Bill Update Presented by: Benenson Strategy Group
June 2010
The Future of Children: Princeton-Brookings Report
Transition to Adulthood The Future of Children, Vol. 20, No. 1, Spring 2010, Vol. 20, No. 1, Spring 2010. A Collaboration of The Woodrow Wilson School of Public and International Affairs at Princeton University and The Brookings Institution.
"Today’s young people are taking longer to leave home, attain economic independence, and form families of their own than did their peers half a century ago. Rather than reaching the milestone of adulthood at age eighteen or twenty-one, as happened during the mid-1950s, some young Americans today are well into their thirties before they attain that goal today. The lengthened transition not only burdens parents who need to be providing for their own retirement, but is a potent source of social stratification. The forces behind the lengthening transition— employers’ reluctance to hire young people without educational credentials. the longer time it is taking many young adults to finish their postsecondary education, longer life spans, shifting sexual attitudes and practices—are unlikely to change any time soon. The question for policy makers is whether families and the social institutions that have successfully educated, trained, and supported young adults are up to the task today. Not surprisingly, researchers find that existing institutions work much better for affluent young adults than they do for most others, leaving the playing field for young adult development sharply tilted. Contributors to this volume examine some of the institutions that house and serve young adults—higher education, the workplace, the community, the military, and, for a group of especially vulnerable youth, the juvenile justice, foster care, and related systems. The contributors review research that assesses how well these institutions support today's young adults in their quest for education, economic independence, family
formation, and civic responsibility. They also suggest policies to make these institutions more effective."
Related postings on financial system and health care reform
June 13, 2010
White House Letter to Congressional Leaders Requests $50 Billion in Emergency Aid
In his letter to bi-partisan Congressional leadership President Obama highlights "the devastating economic impact of budget cuts at the state and local levels that are leading to massive layoffs of teachers, police and firefighters." Je goes on to request support for his small business legislation that "includes a new lending initiative to help creditworthy firms access loans through community banks and innovative state partnerships..."
See also this related letter from the White House Council of Economic Advisers.
Related postings on financial system
WMD Prevention and Preparedness Act of 2010
News release: "Rep. Bill Pascrell (D-NJ) and Rep. Peter T. King (R-NY), Ranking Member of the Committee on Homeland Security, introduced H.R. 5498, The WMD Prevention and Preparedness Act of 2010. This legislation will make progress toward implementing the recommendations of the WMD Commission and will improve U.S. efforts to prevent, deter, detect, and respond to an attack by a weapon of mass destruction."
ACLU Marks 47th Anniversary Of Equal Pay Act With Call To Pass Paycheck Fairness Act
News release: "The American Civil Liberties Union marks the 47th anniversary of the Equal Pay Act with a call for the Senate to pass S. 182, the Paycheck Fairness Act. President John F. Kennedy signed the Equal Pay Act of 1963 into law 47 years ago Thursday, prohibiting wage discrimination based on sex. However, since its passage, loopholes and weak remedies have watered down the Act’s effectiveness. Forty-seven years after the passage of the Equal Pay Act, women still make, on average, 77 cents for every dollar earned by a man. The Paycheck Fairness Act would provide a much needed update to the Equal Pay Act, closing loopholes in the current law, strengthening weak remedies and taking steps to finally close the wage gap."
May 31, 2010
Louisiana Lawmakers Add Time to Crimes Committed Using Internet Street Maps
ReadWriteWeb: "The state legislature in the U.S. state of Louisiana has passed a law adding extra time for committing a crime with an online map. Senate Bill 151 adds at least one year to the sentence of any criminal found guilty of using an "Internet, virtual, street-level map" like Google Maps with Street View to commit a crime." [Darlene Fichter]
CBO: Strategies for Maintaining the Navy’s and Marine Corps’ Inventories of Fighter Aircraft
CBO Report - Strategies for Maintaining the Navy’s and Marine Corps’ Inventories of Fighter Aircraft, May 2010
"The United States Navy and Marine Corps operate a fleet of tactical fighter aircraft that provide air-to-air and air-to-ground combat capabilities. Although current procurement plans call for the purchase of about 700 new fighter aircraft over the next 15 years, the Department of the Navy is projecting that purchases planned for the next 5 to 10 years will be unable to keep pace with the retirement of today’s F/A-18A-D Hornets as they reach the limit of their service life. This Congressional Budget Office (CBO) report—prepared as directed by the House Armed Services Committee’s Report on the National Defense Authorization Act for Fiscal Year 2010 (H. Rept. 111-166)— compares several alternatives for maintaining the Navy’s and Marine Corps’ fighter inventory levels. The alternatives include different combinations of extending the service life of Hornets and purchasing new aircraft in addition to those already planned."
CBO: Health Costs and the Federal Budget
Health Costs and the Federal Budget, May 2010. CBO Director Doug Elmendorf's presentation to the Institute of Medicine.
"Rising health costs will put tremendous pressure on the federal budget during the next few decades and beyond. In CBO’s judgment, the health legislation enacted earlier this year does not substantially diminish that pressure."
May 25, 2010
CRS: Oil Spills in U.S. Coastal Waters: Background, Governance, and Issues for Congress
Follow up to postings on the Gulf Coast oil spill, this new CRS report, Oil Spills in U.S. Coastal Waters: Background, Governance, and Issues for Congress, April 30, 2010
"During the past two decades, while U.S. oil imports and consumption have steadily risen, oil spill incidents and the volume of oil spilled have not followed a similar course. In general, the annual number and volume of oil spills have shown declines—in some cases, dramatic declines. The 1989 Exxon Valdez spill in Alaskan waters played a large role in stimulating actions that contributed to this trend, particularly the decrease in the annual spill volumes. The Exxon Valdez spill highlighted the need for stronger legislation, inflamed public sentiment, and spurred Congress to enact comprehensive oil spill legislation, resulting in the Oil Pollution Act of 1990 (P.L. 101-380). This law expanded and clarified the authority of the federal government and created new oil spill prevention and preparedness requirements. Moreover, the 1990 legislation strengthened existing liability provisions, providing a greater deterrent against spills. After 1990, spill volume from oil tankers, the vessels that carry and have spilled the most oil, decreased significantly...This report reviews the history and trends of oil spills in the United States; identifies the legal
authorities governing oil spill prevention, response, and cleanup; and examines the threats of future oil spills in U.S. coastal waters."
May 24, 2010
CCH Briefing: Senate Passes Sweeping Financial Reform Bill
Senate Passes Sweeping Financial Reform Bill, May 2010: "On May 20, 2010, the U.S. Senate passed legislation to restructure the
financial services regulatory system by a vote of 59 to 39. As discussed in this briefing paper, the Restoring American Financial Stability Act of 2010 (S 3217, the Senate version of H.R. 4173) would institute far-reaching reforms, including the creation of an independent Consumer Financial Protection Bureau housed within the Federal Reserve Board and new federal government power to wind down large, failing financial institutions. The bill would establish a nine-member Financial Services Oversight Council to oversee systemic risk, strengthen regulation of financial holding companies and abolish the Office of Thrift Supervision, transferring its functions to the Fed, Office of the Comptroller of the Currency and Federal Deposit Insurance Corp."
May 18, 2010
An Investigation into Bisphenol A in Canned Foods
Follow up to previous postings on Bisphenol A , this News release: "Senator Dianne Feinstein stood with environmental health advocates today on Capitol Hill to release a new report that demonstrates alarming levels of bisphenol A (BPA) in common canned foods. BPA is a synthetic sex hormone and exposure to low doses has been linked to abnormal behavior, diabetes and heart disease, infertility, developmental and reproductive harm, and obesity, which raises the risk of early puberty, a known risk factor for breast cancer. Senator Feinstein has introduced legislation that would ban BPA in cans, in addition to other food and beverage containers. The Senator is hopeful that the Food Safety Act will include language that protects consumers from BPA exposure. “We found in our analysis that if someone is eating just one meal with at least one canned food product, their levels of BPA are as much as those that have been shown to cause health effects in laboratory animal studies,” says Bobbi Chase Wilding of Clean New York, co-author, of No Silver Lining, An Investigation Into Bisphenol A in Canned Foods, by The National Workgroup for Safe Markets, a coalition of U.S. public health- and environmental health-focused organizations. “Six states have taken crucial first steps this year to get this hormone mimicking chemical out of our children’s food, but this report shows that there is much more to be done. Senator Feinstein’s bill will protect much more of our food from this toxic contamination,” said U.S. Public Interest Research Group Public Health Advocate Elizabeth Hitchcock..."Eating common canned foods is exposing consumers to levels of bisphenol A (BPA) equal to levels shown to cause health problems in laboratory animals, according to a new study released today by The National Work Group for Safe Markets, a coalition of public health and environmental health groups. The study, No Silver Lining, tested food from 50 cans from 19 US states and one Canadian province for BPA contamination. Over 90% of the cans tested had detectable levels of BPA, some at higher levels than have been detected in previous studies. The canned foods tested were brand name fish, fruits, vegetables, beans, soups, tomato products, sodas, and milks, which together represent “real-life” meal options for a wide range of North American consumers. The cans were purchased from retail stores and were chosen from report participants’ pantry shelves, and sent to an independent laboratory for testing. One can of DelMonte green beans had the highest levels of BPA ever found in canned food, at 1,140 parts per billion."
May 16, 2010
American Library Association releases 2009 Legislative Scorecards
"The American Library Association (ALA) Washington Office has released the association’s 2009 Legislative Scorecards for the U.S. Senate and the U.S. House of Representatives. The Legislative Scorecards outline votes and support of legislation that is important to and has an impact on the library community. The ALA provides the scorecard as a tool to ALA members for gauging their elected official’s support of library related legislation. The 2009 scorecards are available here."
May 13, 2010
NY State Senate Senate Passes Landmark Legislation to Halt Bullying and Abuse in the Workplace
News release: "New York State Senator Thomas P. Morahan, Chairman of the Committee on Mental Health and Developmental Disabilities today secured Senate passage of his landmark legislation (S.1823-B) which establishes a civil cause of action for employees who are subjected to an abusive work environment. Specifically, this legislation provides legal redress for employees who have been harmed psychologically, physically or economically by being deliberately subjected to abusive work environments; and it provides legal incentives for employers to prevent and respond to mistreatment of employees at work. Surveys and studies demonstrate that 16 to 21 percent of employees experience health-endangering workplace bullying, abuse and harassment, and that this behavior is 4 times more prevalent then sexual harassment. These studies have also documented the serious effects on these targeted employees. They include: shame, humiliation, stress, loss of sleep, severe anxiety, depression, post traumatic stress disorder, reduced immunity to infection, gastrointestinal disorders, hypertension and pathophysiologic changes that increase the risk of cardiovascular disease." [Stuart Basefsky]
May 12, 2010
New CBO Reports: Patient Protection and Affordable Care Act
May 09, 2010
Senate Unanimously Passes Faster FOIA Act
EPIC: "The Senate unanimously passed the Faster FOIA Act of 2010, introduced by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX), that will establish a 16-member commission to determine methods for reducing delays in processing FOIA requests. Government reports reveal substantial delays in disclosing records subject to the open government law. The legislation seeks to improve the processing of FOIA requests. EPIC frequently uses the FOIA to obtain information about government programs that impact privacy rights."
April 27, 2010
Deloitte: A Summary of the Financial Reporting and Disclosure Implications of the Health Care Reform Legislation
Healthy Financial Reporting and Disclosure - A Summary of the Financial Reporting and Disclosure Implications of the Health Care Reform Legislation
"Deloitte and Gibson Dunn have collaborated on the report below, which summarizes certain matters related to accounting and disclosures that public entities may need to consider as a result of the passage of the Patient Protection and Affordable Care Act
(HR 3590) and of the Health Care and Education Reconciliation Act of 2010 (HR 4872) (collectively, the “Act”). The effects of the Act on the U.S. economy could be as sweeping as those resulting from the passage of Medicare and Social Security. The considerations outlined in the report are intended to assist public entities in preparing their financial statements and Management’s Discussion and Analysis, and in initiating dialogue with their advisors on the impact of the new legislation. While many of the accounting and disclosure considerations will apply directly to specific industries only, others will have broader applicability. Public entities should therefore consider the provisions of the Act that may directly or indirectly affect administrative or other costs (such as human resources or health care premiums)."
April 26, 2010
Office of the Clerk beta launched HouseLive.gov - a streaming video feed of the House Floor
The Gavel Blog: "Today, the Office of the Clerk beta launched HouseLive.gov — a streaming video feed of the House Floor. The site also hosts searchable and downloadable video archives going back to the start of the 111th Congress (January 6, 2009) and has a highlighted archive for events like the State of the Union and Chancellor Angela Merkel’s address to Congress last year."
April 19, 2010
Federal Regulators Release Model Consumer Privacy Notice Online Form Builder
News release: "Eight federal regulators released an Online Form Builder today that financial institutions can download and use to develop and print customized versions of a model consumer privacy notice. The Online Form Builder, based on the model form regulation published in the Federal Register on December 1, 2009, under the Gramm-Leach-Bliley Act, is available with several options. Easy-to-follow instructions for the form builder will guide an institution to select the version of the model form that fits its practices, such as whether the institution provides an opt-out for consumers. To obtain a legal "safe harbor" and so satisfy the law's disclosure requirements, institutions must follow the instructions in the model form regulation when using the Online Form Builder."
April 15, 2010
New GAO Reports: Combating Terrorism, Defense Acquisitions and Management, USPS
- Combating Terrorism: Planning and Documentation of U.S. Development Assistance in Pakistan's Federally Administered Tribal Areas Need to Be Improved, GAO-10-289, April 15, 2010
- Defense Acquisitions: Opportunities and Challenges for Army Ground Force Modernization Efforts, GAO-10-603T, April 15, 2010
- Defense Management: Observations on Department of Defense and Military Service Fiscal Year 2011 Requirements for Corrosion Prevention and Control, GAO-10-608R, April 15, 2010
- Defense Management: Observations on the Department of Defense's Fiscal Year 2011 Budget Request for Corrosion Prevention and Control, GAO-10-607R, April 15, 2010
- Domestic Food Assistance: Complex System Benefits Millions, but Additional Efforts Could Address Potential Inefficiency and Overlap among Smaller Programs, GAO-10-346, April 15, 2010
- Federal Deposit Insurance Act: Regulators' Use of Systemic Risk Exception Raises Moral Hazard Concerns and Opportunities Exist to Clarify the Provision, GAO-10-100, April 15, 2010
- Fiscal Year 2011 Budget Request: U.S. Government Accountability Office, GAO-10-574T, April 15, 2010
- International Security: DOD and State Need to Improve Sustainment Planning and Monitoring and Evaluation for Section 1206 and 1207 Assistance Programs, GAO-10-431, April 15, 2010
- Social Security Administration: Better Planning Needed to Improve Service Delivery, GAO-10-586T, April 15, 2010
- U.S. Postal Service: Action Needed to Facilitate Financial Viability, GAO-10-624T, April 15, 2010
Patient Protection and Affordable Care Act Establishes New Office on Women’s Health
H. R. 3590, Patient Protection and Affordable Care Act [906 pages, PDF]
"OFFICE.—There is established within the Office of the Secretary, an Office on Women’s Health (referred to in this section as the ‘Office’). The Office shall be headed by a Deputy Assistant Secretary for Women’s Health who may report to the Secretary.
"(b) DUTIES.—The Secretary, acting through the Office, with
respect to the health concerns of women, shall—
"(1) establish short-range and long-range goals and objectives within the Department of Health and Human Services and, as relevant and appropriate, coordinate with other appropriate offices on activities within the Department that relate to disease prevention, health promotion, service delivery, research, and public and health care professional education, for issues of particular concern to women throughout their lifespan;
"(2) provide expert advice and consultation to the Secretary concerning scientific, legal, ethical, and policy issues relating
to women’s health;
"(3) monitor the Department of Health and Human Services’ offices, agencies, and regional activities regarding women’s health and identify needs regarding the coordination of activities, including intramural and extramural multidisciplinary activities;
"(4) establish a Department of Health and Human Services Coordinating Committee on Women’s Health, which shall be chaired by the Deputy Assistant Secretary for Women’s Health and composed of senior level representatives from each of the agencies and offices of the Department of Health and Human Services;
"(5) establish a National Women’s Health Information Center to—
"(A) facilitate the exchange of information regarding matters relating to health information, health promotion, preventive health services, research advances, and education in the appropriate use of health care;
"(B) facilitate access to such information;
"(C) assist in the analysis of issues and problems relating to the matters described in this paragraph; and
"(D) provide technical assistance with respect to the exchange of information (including facilitating the development of materials for such technical assistance)..."
April 14, 2010
House passes resolution honoring National Library Week
H. Res. 1222 supporting the goals and ideals of National Library Week: April 13, 2010 Congressional Record - House H2465
"H. RES. 1222 Whereas the Nation’s school, academic, public, and special libraries make a difference in the lives of millions of people in the United States, today, more than ever; Whereas librarians are trained professionals, helping people of all ages and backgrounds backgrounds find and interpret the information they need to live, learn, and work in a challenging economy; Whereas libraries are part of the American Dream, places for opportunity, education,
self-help, and lifelong learning; Whereas according to a December 2008 National Center for Education Statistics (NCES) report, public library use increased to 1,400,000,000 visits nationwide during fiscal year 2006, among all types of library users, continuing a long term trend of increased library usage; Whereas libraries play a vital role in supporting the quality of life in their communities;
Whereas libraries help people of all ages discover a world of knowledge, both in person and online, as well as provide personal service and assistance in finding needed information; Whereas libraries are a key player in the national discourse on intellectual freedom and equity of access; Whereas libraries are narrowing the "digital divide’", by providing no-fee public computer and Internet access to accommodate the growing need for access to digital and online information, including e-government, continuing education, and employment opportunities; Whereas in 71 percent of communities, libraries have the only no-fee public computers; and Whereas libraries, librarians, library workers, and supporters across the United States will celebrate National Library Week, April 11–17, 2010..."
April 12, 2010
Federal Reserve Bank of Atlanta: Too Big to Fail after FDICIA
Too Big to Fail after FDICIA, Larry D. Wall, Economic Review, Vol. 95, No. 1, 2010
"In 1993, when this article was originally published, Congress had recently passed the Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) to reduce taxpayers' exposure to financial system losses, including their exposure at "too big to fail" financial institutions. In his new preface, the author observes that, by passing FDICIA, Congress was signaling that it was "serious about ending 100 percent de facto deposit insurance." He notes that FDICIA's least-cost resolution provisions were partially successful, terminating 100 percent de facto deposit insurance for most banks. The recent financial crisis demonstrated, though, that too big to fail has still not been eliminated for the very largest banks. To provide a background for the debate about what should be done to eliminate the persistent problems with existing too big to fail policies, this article outlines what Congress originally intended FDICIA to accomplish. From its 1993 perspective, the article reviews the controls FDICIA placed on regulators' ability to protect or extend the lives of large banks while keeping other policy tools for dealing with systemic risk. The article also discusses some lingering systemic risk issues, including the effect of a large bank's failure on financial derivatives markets and the effect of unexpected massive losses at one or more banks, as well as FDICIA's provisions designed to reduce systemic risk."
Related postings on financial system
April 04, 2010
CRS: Deforestation and Climate Change
Deforestation and Climate Change, Ross W. Gorte, Specialist in Natural Resources Policy, Pervaze A. Sheikh, Specialist in Natural Resources Policy - March 24, 2010
"Efforts to mitigate climate change have focused on reducing carbon dioxide (CO2) emissions into the atmosphere. Some of these efforts center on reducing CO2 emissions from deforestation, since deforestation releases about 17% of all annual anthropogenic greenhouse gas (GHG) emissions and is seen as a relatively low-cost target for emissions reduction. Policies aimed at reducing deforestation are central points of a strategy to decrease carbon emissions, reflected in pending legislation in Congress (e.g., H.R. 2454 and S. 1733) as well as in international discussions, such as the December 2009 negotiations in Copenhagen. Forests exist at many latitudes. Many are concerned about the possible impacts of losing boreal and temperate forests, but existing data show little, if any, net deforestation, and their loss has relatively modest carbon consequences. In contrast, tropical deforestation is substantial and continuing, and releases large amounts of CO2, because of the carbon stored in the vegetation and released when tropical forests are cut down. There are many causes of tropical deforestation—commercial logging, large-scale agriculture (e.g., cattle ranching, soybean production, oil palm plantations), small-scale permanent or shifting (slash-and-burn) agriculture, fuelwood removal, and more. Often, these causes combine to exacerbate deforestation; for example, commercial logging often includes road construction, which in turn opens the forest for subsistence farmers. At times, tropical deforestation results from weak land tenure and/or weak or corrupt governance to protect the forests."
- See also The Economist: "Dealing with climate change might mean tinkering with the oceans and the atmosphere. Those who could do so would like the regulations to be clear."
- Related postings on climate change
March 29, 2010
Bipartisan Transparency Caucus Launched
News release: "[March 25, 2010] U.S. Rep. Mike Quigley (D-IL) and U.S. Rep. Darrell Issa (R-CA) announced the formation of the bipartisan Transparency Caucus which will serve as a resource for Members of Congress on bipartisan open government initiatives. The caucus will promote legislation that requires federal information to be freely accessible, as well as advocate for new initiatives that support transparency...With significant advances in technology, it is now possible for the Federal government to offer searchable, sortable, downloadable information online that citizens can access to see for themselves the results of government programs. The Caucus will seek to move current practices forward and encourage easier access for the American public through education, legislation, and oversight."
March 28, 2010
Tax Foundation Breaks Down Financing of $938 Billion Health Care Bill
Follow up to previous postings on health care reform, this relevant data: "The $938 billion health care reform legislation finalized by Congress [signed by President Obama on March 23, 2010] is financed primarily through net cuts to Medicare and an increased Medicare tax on high-income taxpayers, according to the Tax Foundation. The Medicare spending cuts would save $416.5 billion, or about 39 percent of the bill's 10-year cost. The increased Medicare taxes on high-income people -- including an additional 0.9% Medicare Hospital Insurance Tax on earned income exceeding $200,000 for single taxpayers ($250,000 for married couples) and an "Unearned Income Medicare Contribution" of 3.8% on investment income for taxpayers with adjusted gross incomes (AGI) in excess of $200,000 for single filers ($250,000 for married filers) -- would raise $210 billion, or about 19 percent of the legislation's cost. A graph depicting a breakdown of the financing is available online. The cost of coverage provisions from 2010-2019 is $938 billion, but the total of all provisions is $1.08 trillion due to deficit reduction."
White House webpage provides highlights key provisions in health reform
March 23, 2010
Health Care Reform Bill and Debate Available on GPO'S FDsys
News release: "The U.S. Government Printing Office (GPO) has made available the health care reform bill passed by the U.S. House of Representatives this past weekend in electronic form. The House floor debate leading up to the passage of the bill can be found in the Congressional Record. The authentic, electronic versions are available on GPO’s Federal Digital System (FDsys)...GPO authenticated the document by digital signature. This signature assures the public that the document has not been changed or altered. A digital signature, viewed through the GPO Seal of Authenticity, verifies the document’s integrity and authenticity." Direct links:
13 States File Complaint Against "New Universal Healthcare Regime" - VA AG Goes It Alone
23 page complaint filed today in the Northern District of Florida - Nature of Action:
- "On March 23, 2010, a new universal healthcare regime, titled the “Patient Protection and Affordable Care Act,” H.R. 3590 (the Act), was signed into law by the President. The Act, which exceeds 2,400 pages, is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f: h3590pp.txt.pdf (accessed March 23, 2010).
- The Act represents an unprecedented encroachment on the liberty of individuals living in the Plaintiffs’ respective states, by mandating that all citizens and legal residents of the United States have qualifying healthcare coverage or pay a tax penalty. The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying healthcare coverage. By imposing such a mandate, the Act exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to the Constitution.
- VA AG filed complaint in U.S. District Court, ED VA.
CRS Legislative Subject Terms Used in THOMAS
"Beginning with the 111th Congress, all legislative measures are assigned at least one Subject term drawn from a new list of terms presented on this page. The Subject terms are designed to better group legislation, to improve consistency, and to shorten the time it takes to add Subject terms to bills. Subject terms can also be assigned from a large list of terms corresponding to geographic areas (foreign and domestic), U.S. government entities, and congressional committees. See the CRS Named-Entity Subject Terms for a complete list of those terms. Subject term assignment is cumulative; that is, it is added to in order to reflect revisions (if any) made to the measure as it moves through the legislative process."
March 21, 2010
Urban Institute - The Cost of Failure to Enact Health Reform: 2010 - 2020
The Cost of Failure to Enact Health Reform: 2010 - 2020 (Updated). Bowen Garrett, Matthew Buettgens, Lan Doan, Irene Headen, John Holahan, March 15, 2010
"This report assesses the changes in coverage patterns and health care costs that will occur nationally if major reforms are not enacted. The authors find that by 2015, there could be 59.7 million people uninsured. The number could swell to 67.6 million by 2020, up from an estimated 49.4 million in 2010. As premiums nearly double, employees in small firms would see offers of health insurance almost cut in half, dropping from 41 percent of firms offering insurance in 2010 to 23 percent in 2020. Individual spending could jump 34 percent by 2015 and 79 percent by 2020."
New York Times: House Approves Health Overhaul, Sending Landmark Bill to Obama
Health Care Reconciliation Bill
Related postings on health care reform
March 19, 2010
CBO: Spending and Revenue Effects of H.R. 4872, the Reconciliation Act of 2010
March 16, 2010
Leahy, Cornyn Commemorate Sunshine Week With Faster FOIA Act Introduction
News release: "[On March 15, 2010] Senator Patrick Leahy (D-Vt.) introduced bipartisan legislation to make further improvements to the Freedom of Information Act (FOIA), the nation’s premier open government law. Leahy is a longtime leader on FOIA issues, and has led efforts to make the federal government more open and transparent to the people it represents. This week marks the sixth annual Sunshine Week, a national observance of the importance of an open and transparent government. Leahy partnered with Senator John Cornyn (R-Texas) to author the Faster FOIA Act, which will establish an advisory panel to examine agency backlogs in processing FOIA requests. Under the legislation, the panel, named the Commission on Freedom of Information Act Processing Delays, will be required to provide to Congress recommendations for legislative and administrative action to enhance agency responses to FOIA requests. The panel will be required to identify methods to reduce delays in the processing of FOIA requests, and will be charged with examining whether the system for charging fees and granting fee waivers under FOIA should be reformed in order to reduce delays in processing fee requests."
March 15, 2010
Financial Reform Legislation - Restoring American Financial Stability Act of 2010
Office of Senate Banking, Housing and Urban Affairs Chairman Chris Dodd: Financial Reform Legislation Summary
Financial Reform Legislation (1336 pages, PDF) - To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end "too big to fail", to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes.
March 14, 2010
Report examines quality of information provided by all 50 states on American Recovery and Reinvestment Act spending
"A report released [January 26, 2010] shows that many states are making dramatic improvements in websites designed to disseminate information about their share of the $787 billion American Recovery and Reinvestment Act (ARRA), while others have failed to make vital information available. This is the finding of Show Us the Stimulus (Again), a report released by Good Jobs First, a non-profit research center based in Washington, D.C."
March 13, 2010
Texas Coalition Fights to Save Endangered Whooping Cranes
WSJ via Aransas Project: "A coalition of environmentalists, bird lovers and Gulf Coast municipalities sued Texas regulators in federal court this past week, accusing them of mismanaging waters necessary for the survival of the biggest flock of endangered whooping cranes, which migrate to South Texas every winter. The group, called the Aransas Project, claims that officials from the Texas Commission on Environmental Quality violated the Endangered Species Act by not ensuring enough fresh water from the Guadalupe River flowed to the estuary where the cranes stay, causing the death of 23 birds in Texas last year. The lawsuit was filed late Wednesday in Corpus Christi. But state-designated water managers say the real goal of the suit is to block a potential nuclear-power project that would compete for the same water. The tallest bird in North America, the whooping crane is also the rarest crane species in the world. Less than 400 survive in the wild, according to U.S. Fish and Wildlife Service. A report released Thursday by the Department of Interior found that climate change threatens to exacerbate current pressures on birds such as whooping cranes."
March 10, 2010
Joint Economic Committee Releases Report On Benefits of Paid Sick Leave
News release: "Representative Carolyn Maloney, Chair of the Joint Economic Committee (JEC), and Senator Charles E. Schumer, Vice Chair of the JEC, released a report today estimating the impact of the Healthy Families Act (S. 1152, introduced by Senator Chris Dodd, and H.R. 2460, introduced by Representative Rosa DeLauro), on access to paid sick leave. The report, Expanding Access to Paid Sick Leave: The Impact of the Healthy Families Act on America's Workers, was requested by the Senate Subcommittee on Children and Families and analyzes the demographics of workers who currently have access to paid sick leave and workers who would gain access to paid sick leave under the Healthy Families Act."
CBO: H.R. 4213, American Workers, State, and Business Relief Act of 2010
H.R. 4213, American Workers, State, and Business Relief Act of 2010
March 10, 2010. Direct spending and revenues effects estimate for the bill as passed by the Senate on March 10, 2010
News release: "Senate Finance Committee Chairman Max Baucus (D‐Mont.) and Senate Majority Leader Harry Reid (D‐Nev.) [March 1, 2010] introduced legislation to extend unemployment insurance benefits and eligibility for unemployment health care benefits through the end of 2010, including extending benefits retroactively so families will receive the benefits that were suspended when these programs expired on February 28. The legislation extends loan programs for small businesses and tax cuts that provide the tax certainty families and businesses need to create jobs, along with other important safety‐net programs that families and communities depend on in the tough economic climate."
March 05, 2010
New GAO Reports: Cybersecurity, Recovery Act, Food Safety
- Cybersecurity: Progress Made but Challenges Remain in Defining and Coordinating the Comprehensive National Initiative, GAO-10-338, March 05, 2010
- Recovery Act: California's Use of Funds and Efforts to Ensure Accountability, GAO-10-467T, March 05, 2010
- Food Safety: FDA Should Strengthen Its Oversight of Food Ingredients Determined to Be Generally Recognized as Safe (GRAS), GAO-10-246, February 03, 2010
March 04, 2010
New GAO Reports: Forest Service, Humane Methods of Slaughter Act, Iran Sanctions, Recovery Act
- Forest Service: Information on Appeals, Objections, and Litigation Involving Fuel Reduction Activities, Fiscal Years 2006 through 2008, GAO-10-337, March 04, 2010
- Humane Methods of Slaughter Act: Weaknesses in USDA Enforcement, GAO-10-487T, March 04, 2010
- Iran Sanctions: Complete and Timely Licensing Data Needed to Strengthen Enforcement of Export Restrictions, GAO-10-375, March 04, 2010
- Recovery Act: Factors Affecting the Department of Energy's Program Implementation, GAO-10-497T, March 04, 2010
- Update on the Status of the Merchantable Timber Contracting Pilot Program, GAO-10-379R, March 04, 2010
- Warfighter Support: A Cost Comparison of Using State Department Employees versus Contractors for Security Services in Iraq, GAO-10-266R, March 04, 2010
- Humane Methods of Slaughter Act: Actions Are Needed to Strengthen Enforcement, GAO-10-203, February 19, 2010
- Food and Drug Administration: Improved Monitoring and Development of Performance Measures Needed to Strengthen Oversight of Criminal and Misconduct Investigations, GAO-10-221, January 29, 2010
March 02, 2010
Labor Department releases state-by-state figures on number of Americans who stand to lose unemployment benefits without congressional extension of program
News release: "The U.S. Department of Labor today released state-by-state figures on the number of individuals who will lose their unemployment benefits in the coming days if Congress fails to extend unemployment insurance benefits. If Emergency Unemployment Compensation and full federal funding for the Extended Benefit program are not extended, 400,000 Americans will lose unemployment benefits during the first weeks in March. By May, nearly 3 million people could be left without these benefits. Furthermore, if the Consolidated Omnibus Budget Reconciliation Act subsidy under the American Recovery and Reinvestment Act is not extended, thousands of families will lose access to affordable health care. If the extension is not approved, an estimated 500,000 workers who lose their jobs will be ineligible for subsidies to cover the cost of health care over this month. Over the rest of 2010, an estimated 5 million workers will be ineligible for the Recovery Act COBRA subsidy that covers 65 percent of the cost of coverage. Without this assistance, many of these families will be forced to join the ranks of the uninsured."
New York Times graphic: The Jobless Rate for People Like You - Not all groups have felt the recession equally.
Rlated postings on financial system
February 28, 2010
Authority of Clean Water Act at Odds With Supreme Court Decisions
New York Times: "Thousands of the nation’s largest water polluters are outside the Clean Water Act’s reach because the Supreme Court has left uncertain which waterways are protected by that law, according to interviews with regulators. As a result, some businesses are declaring that the law no longer applies to them. And pollution rates are rising. Companies that have spilled oil, carcinogens and dangerous bacteria into lakes, rivers and other waters are not being prosecuted, according to Environmental Protection Agency regulators working on those cases, who estimate that more than 1,500 major pollution investigations have been discontinued or shelved in the last four years.
"The two Supreme Court decisions at issue — Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers in 2001 and Rapanos v. United States in 2006 — focused on the federal government’s jurisdiction over various wetlands. In both cases, dissenting justices warned that limiting the power of the federal government would weaken its ability to combat water pollution.“Cases now are lost because the company is discharging into a stream that flows into a river, rather than the river itself,” said David M. Uhlmann, a law professor at the University of Michigan who led the environmental crimes section of the Justice Department during the last administration."
February 23, 2010
Estimated Impact of American Recovery Act on Employment and Economic Output - October 2009 Through December 2009
CBO: Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output From October 2009 Through December 2009, February 2010
"The American Recovery and Reinvestment Act of 2009 (ARRA) contains a variety of provisions intended to boost economic activity and employment in the United States. Section 1512(e) of the law requires the Congressional Budget Office (CBO) to comment on the reports filed by certain recipients of funding under ARRA that detail how many jobs were created or retained through funded activities. This CBO report fulfills that requirement. It also provides CBO’s estimates of ARRA’s overall impact on employment and economic output in the last quarter of calendar year 2009. Those estimates—which CBO considers more comprehensive than the recipients’ reports—are based on evidence from similar policies enacted in the past and various economic models."
February 11, 2010
Legislation to Limit Fallout From Supreme Court Ruling That Allows Unlimited Corporate Spending on Elections
News release: "U.S. Senator Charles E. Schumer (D-NY), Chairman of the Senate Rules Committee, and U.S. Rep. Chris Van Hollen (D-MD) on Thursday announced new legislation to mitigate the negative impacts of the Supreme Court’s decision that allowed unlimited corporate spending on elections. The Court, in its ruling in the Citizens United case last month, overturned a decades-old law banning political expenditures by corporate interests. Schumer and Van Hollen’s legislation would partly restore those limits – by barring foreign corporations, government contractors and companies that have received government assistance from making political expenditures – and also impose new disclosure and disclaimer requirements." [Outline of legislation is included in this release.]
February 09, 2010
Kaiser Budget Tracker: Status of U.S. Funding for Key Global Health Accounts
Budget Tracker: Status of U.S. Funding for Key Global Health Accounts: "This resource provides regularly updated information on the status of U.S. funding for key global health programs throughout the budget and appropriations process. It includes a detailed breakdown of each major account as presented in the President’s budget request and in relevant appropriations bills as they proceed through Congress. It will be updated as needed. It is an element of the Foundation's broader interactive U.S. global health policy tracker".
Fiscal Year 2011 Budget Tracker
February 08, 2010
CRS Report - Membership of the 111th Congress: A Profile
Membership of the 111th Congress: A Profile. Jennifer E. Manning, Information Research Specialist, February 4, 2010
"This report presents a profile of the membership of the 111th Congress. Statistical information is included on selected characteristics of Members, including data on party affiliation, average age and length of service, occupation, religious affiliation, gender, ethnicity, foreign births, and military service.
Currently, in the House of Representatives, there are 262 Democrats (including five Delegates and the Resident Commissioner), 178 Republicans, and one vacant seat. The Senate has 57 Democrats; 2 Independents, who caucus with the Democrats; and 41 Republicans. The average age of Members of both Houses of Congress at the beginning of the 111th Congress was 58.2 years; of Members of the House, 57.2 years; and of Senators, 63.1 years. The overwhelming majority of Members have a college education. The dominant professions of Members are public service/politics, business, and law. Protestants collectively constitute the majority religious affiliation of Members. Roman Catholics account for the largest single religious denomination, and numerous other affiliations are represented."
CRS Report - Women in the United States Congress: 1917-2009
Women in the United States Congress: 1917-2009. Jennifer E. Manning, Information Research Specialist, Colleen J. Shogan, Senior Specialist in Government and Finance, December 23, 2009.
"A record 93 women currently serve in the 111th Congress: 76 in the House (59 Democrats and 17 Republicans) and 17 in the Senate (13 Democrats and 4 Republicans). Ninety-five women were initially elected to the 111th Congress. Since the 111th Congress convened, two of these—Senator Hillary Clinton (D-NY) and Representative Hilda Solis (D-CA)—resigned to take cabinet positions in the administration of President Obama, and a third, Representative Ellen Tauscher (D-CA), resigned to become Undersecretary of State for Arms Control and International Security. Also, Representative Kirsten Gillibrand (D-NY) resigned from the House when she was appointed to fill the seat vacated by Senator Clinton, and Representative Judy Chu (D-CA) was elected in July 2009 to fill the seat vacated by Representative Solis."
February 01, 2010
National Center for Research in Advanced Information and Digital Technologies Funded for Launch
News release: "After more than a decade of nationwide effort, the Digital Promise Project has achieved an essential goal – the creation of the National Center for Research in Advanced Information and Digital Technologies. This year the Department of Education, as provided by their 2010 appropriations legislation, will make available the initial funding required to launch the National Center. In the words of the Center’s authorizing legislation, “The purpose of the Center shall be to support a comprehensive research and development program to harness the increasing capability of advanced information and digital technologies to improve all levels of learning and education, formal and informal, in order to provide Americans with the knowledge and skills needed to compete in the global economy.” Congress voted overwhelmingly to establish this Center, the first new national research center in many years, as an independent, nonprofit 501(c)(3) organization. Authorized in 2008 by amendments to the Higher Education Act of 1965, the National Center will have a governing board of nine members, which will include outstanding representatives from the public and private sectors and from varied professions and disciplines."
"The National Center will be eligible to receive private as well as public funds. It will fill a critical gap by funding practical, advanced learning research that is unlikely to be undertaken entirely with private funds. To help the efficient launch and operation of the new Center, the Digital Promise team has developed a suggested management plan. In addition, a suggested learning research “road map” has been produced under the supervision of the Federation of American Scientists in workshops attended by distinguished educators, scientists, technology experts, and other stakeholders."
January 28, 2010
Survey of Public Knowledge: Senate Legislative Process a Mystery to Many
"The public has consistently expressed strong interest in the health care debate, but relatively few Americans can correctly answer two key questions related to the Senate's consideration of health care legislation. In the latest installment of the Pew Research Center's News IQ Quiz, just 32% know that the Senate passed its version of the legislation without a single Republican vote. And, in what proved to be the most difficult question on the quiz, only about a quarter (26%) knows that it takes 60 votes to break a filibuster1 in the Senate and force a vote on a bill. The survey was conducted before Massachusetts Republican Scott Brown won a special election to the Senate on Jan. 19; Brown's election means Senate Democrats can no longer count on a 60-vote majority once he takes office."
January 27, 2010
CBO Releases Budget and Economic Outlook: Fiscal Years 2010-2020, An Analysis of Roadmap for America’s Future Act of 2010
An Analysis of the Roadmap for America’s Future Act of 2010, as Specified by Congressman Ryan’s Staff, January 27, 2010
"Today CBO released a letter to Congressman Paul Ryan, Ranking Member of the House Budget Committee, analyzing the Roadmap for America’s Future Act of 2010. This legislation, which Congressman Ryan introduced today, would make comprehensive changes to the Social Security program; to federal involvement in health care, including Medicare, Medicaid, and the tax treatment of health insurance; to other federal spending; and to other features of the tax system. CBO’s analysis is based on the proposal as modified by specifications provided by Congressman Ryan’s staff. In particular, the specifications for Medicaid and the tax system that CBO analyzed are highly stylized versions of the more detailed provisions in the bill. CBO’s letter summarizes the agency’s analysis of the impact that the bill (along with the simplifying specifications) would have on federal outlays, budget deficits, and debt during the next 75 years. The analysis is subject to a great deal of uncertainty, because of both the complexity of the proposal and the very long time horizon over which its many provisions would unfold. The analysis does not represent a cost estimate for the legislation, which would require much more detailed analysis and would be much more limited in the time span that could be examined. The Roadmap, in the form that CBO analyzed, would result in less federal spending for Medicare and Medicaid as well as lower tax revenues than projected under CBO’s “alternative fiscal scenario” described in CBO’s June 2009 publication The Long-Term Budget Outlook. Federal spending for Social Security would be slightly higher than under CBO’s alternative fiscal scenario for much of the projection period, but the system would become sustainable as revenues increase and traditional benefits decline. The budget deficit would peak at 5 percent of GDP in 2034 and then decline. By 2080, the Roadmap would generate a budget surplus of about 5 percent of GDP. Under the Roadmap, the ratio of government debt held by the public to economic output (the ratio of debt to GDP) would be lower than that under the alternative fiscal scenario in every year. In particular, debt is projected to peak at 100 percent of GDP in 2043 and to decline thereafter, reaching zero by 2080. (Debt held by the public was about 53 percent of GDP at the end of fiscal year 2009.) The federal government would accumulate net financial assets equal to 17 percent of GDP by 2083. In contrast, under the alternative fiscal scenario, debt is projected to skyrocket over the next several decades."
Related postings on financial system
January 24, 2010
New on LLRX.com - The Government Domain - Congressional Documents on FDsys: Advanced Techniques
The Government Domain - Congressional Documents on FDsys: Advanced Techniques - Following up on a previous column in which she introduced FDsys and explained the site's simple search and navigation, this month Peggy Garvin provides an update and introduces more advanced search techniques for the congressional information available on FDsys.
January 21, 2010
GPO Posts Latest Version of Wall Street Reform and Consumer Protection Act of 2009 via THOMAS
Via Rick McKinney: "GPO finally made available the text of the Wall Street Reform and Consumer Protection Act of 2009, H.R. 4173, as passed by the House on December 11, 2009. The 1706 page bill had been 1279 pages when introduced, but after numerous amendments adopted on the House floor (there was no reported version or committee report) it grew and many of us have waited until now to see it put together in one package. The bill has ten titles and many of the titles and sections (after Title V the sections to not correspond to the numeric title) were developed from earlier legislation and from Administration proposed language."
Related postings on financial system
January 13, 2010
Justice Department Reaches Three Settlements Under the Americans with Disabilities Act Regarding the Use of Electronic Book Readers
News release: " The Justice Department today announced separate agreements under the Americans with Disabilities Act (ADA) with Case Western Reserve University in Cleveland, Pace University in New York City and Reed College in Portland, Ore., regarding the use in a classroom setting of the electronic book reader, the Kindle DX, a hand-held technological device that simulates the experience of reading a book. Under the agreements reached today, the universities generally will not purchase, recommend or promote use of the Kindle DX, or any other dedicated electronic book reader, unless the devices are fully accessible to students who are blind and have low vision. The universities agree that if they use dedicated electronic book readers, they will ensure that students with vision disabilities are able to access and acquire the same materials and information, engage in the same interactions, and enjoy the same services as sighted students with substantially equivalent ease of use. The agreements that the Justice Department reached with these universities extend beyond the Kindle DX to any dedicated electronic reading device."
Financial Crisis Inquiry Commission Report - Selected Financial Market & Economic Data
"In the wake of the most significant financial crisis since the Great Depression, the President signed into law on May 20, 2009, the Fraud Enforcement and Recovery Act of 2009, creating the Financial Crisis Inquiry Commission. The Commission was established to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." The 10 members of the bi-partisan Commission, prominent private citizens with significant experience in banking, market regulation, taxation, finance, economics, housing, and consumer protection, were appointed by Congress on July 15, 2009. The Chair, Phil Angelides, and Vice Chair, Bill Thomas, were selected jointly by the House and Senate Majority and Minority Leadership."
Economic Impact of the American Recovery and Reinvestment Act of 2009, Second Quarterly Report
Executive Office of the President, Council of Economic Advisors: Economic Impact of the American Recovery and Reinvestment Act of 2009, Second Quarterly Report, January 13, 2010
"Evaluating the impact of countercyclical macroeconomic policy is inherently difficult because we do not observe what would have happened to the economy in the absence of policy. And the sooner the evaluation is done, the less data one has about key economic indicators. Any estimates of the impact of the ARRA must therefore be regarded as preliminary and understood to be subject to considerable uncertainty. Because of the inherent difficulties in the analysis, we approach the task of estimating the impact of the Recovery Act from a number of different directions, and supplement our estimates with those of numerous outside analysts."
Related postings on financial system
FTC Assesses Impact of 6 Years of Pay-for-Delay Drug Settlements
News release: "Federal Trade Commission Chairman Jon Leibowitz and key members of Congress, including Representative Chris Van Hollen, Chairman Bobby Rush, and Representative Mary Jo Kilroy, today renewed their call for legislation that would put an end to anticompetitive patent settlements, which drug manufacturers have been using to keep less-expensive medicines off the market and charge consumers billions of dollars a year in higher drug prices. Speaking at a joint press conference, Leibowitz said consumers are forced to pay inflated prices or forgo their medication because of these “pay-for-delay” deals, in which brand-name drug makers pay their generic competitors to keep cheaper alternatives off the market. He urged Congress to adopt a provision as part of the health care reform bill to stop pay-for-delay agreements."
Pay-for-Delay: How Drug Company Pay-Offs Cost Consumers Billions Federal Trade, An FTC Staff Study, January 2010: "Brand-name pharmaceutical companies can delay generic competition that lowers prices by agreeing to pay a generic competitor to hold its competing product off the market for a certain period of time. These so-called “pay-for-delay” agreements have arisen as part of patent litigation settlement agreements between brand-name and generic pharmaceutical companies."
Reporter Resources: Pay-for-Delay in the Pharmaceutical Industry
January 11, 2010
CBO: Estimated Premiums for "Bronze" Coverage Under the Patient Protection and Affordable Care Act
Estimated Premiums for "Bronze" Coverage Under the Patient Protection and Affordable Care Act, Letter to the Honorable Olympia Snowe, January 11, 2010
"This letter responds to your request for additional information about expected premiums under that proposal for policies that would meet the minimum requirements necessary to avoid paying a penalty for not having insurance. As a rule, individuals would be required to have a policy covering the “essential benefits” specified in the legislation and having an actuarial value of at least 60 percent in order to avoid such a penalty. (A plan’s actuarial value is the share of costs for covered services that it would pay, on average, with a broadly representative group of people enrolled.) That minimum level of coverage is designated as a “Bronze” plan."
Related postings on health care reform
January 10, 2010
Search Engine For Combined Senate and House Health Bills
"The House of Representatives HR 3962 Affordable Health Care for America Act together with the Senate Patient Protection and Affordable Care bill as amended and passed December 24, 2009 are presented here in searchable form. This is provided as a public service. MarpX is a precision search engine uses the "Words Close Together" method of relevance ranking, which assures that the most meaningful hits appear near the top of the list search results."
Related postings on health care reform
Rand Policy Brief - The Potential Impact of House Health Reform Legislation
"Health reform as set forth in legislation passed by the U.S. House of Representatives in November would cut the number of uninsured Americans to 24 million by 2019 (a 56 percent decrease) and increase personal spending on health care by about 3.3 percent cumulatively between 2013 and 2019, according to an independent assessment released today by the RAND Corporation. In addition, the study finds that under the Affordable Health Care for America Act (H.R. 3962) cumulative federal spending to help low-income people buy private insurance would total $445 billion by 2019 and federal spending on Medicaid would increase by $559 billion (a 21 percent hike) over the same period."
Analysis of the Affordable Health Care for America Act (H.R. 3962) By: Elizabeth A. McGlynn, Jeanne S. Ringel, Federico Girosi
Related postings on health care reform
January 09, 2010
BJS: Sexual Victimization in Juvenile Facilities Reported by Youth, 2008-09
Sexual Victimization in Juvenile Facilities Reported by Youth, 2008-09, Allen J. Beck, Paul Guerino, Paige M. Harrison. January 7, 2009
"Presents data from the 2008-09 National Survey of Youth in Custody (NSYC), conducted in 195 juvenile confinement facilities between June 2008 and April 2009, with a sample of over 9,000 adjudicated youth. The report provides national-level and facility-level estimates of sexual victimization by type of activity, including youth-on-youth sexual contact, staff sexual misconduct, and level of coercion. It also includes an analysis of the experience of sexual victimization, characteristics of youth most at risk to victimization, where the incidents occur, time of day, characteristics of perpetrators, and nature of the injuries. Finally, it includes estimates of the sampling error for selected measures of sexual victimization and summary characteristics of victims and incidents. The report and appendix tables provide a listing of results for sampled state and large locally or privately operated facilities, as required under the Prison Rape Elimination Act of 2003 (P.L. 108-79). Facilities are listed alphabetically by state with estimated prevalence rates of sexual victimization as reported by youths during a personal interview and based on activity in the 12 months prior to the interview or since admission to the facility, if shorter."
January 04, 2010
CRS: The Postal Accountability and Enhancement Act: Overview and Issues for Congress
The Postal Accountability and Enhancement Act: Overview and Issues for Congress, Kevin R. Kosar, Analyst in American National Government, December 14, 2009
"President George W. Bush signed the Postal Accountability and Enhancement Act (PAEA; P.L. 109-435; 120 Stat. 3198) on December 20, 2006. The PAEA was the first broad revision of the 1970 statute that replaced the U.S. Post Office with the U.S. Postal Service (USPS), a selfsupporting, independent agency of the executive branch. This report describes Congress’s pursuit of postal reform, and summarizes the major provisions of the new postal reform law. The report also suggests PAEA-related oversight issues for Congress."
January 03, 2010
Chief Justice Roberts Issues 2009 Year-End Report
2009 Year-End Report on the Federal Judiciary: "Chief Justice John Roberts issued his 2009 year-end report, stating that "courts are operating soundly, and the nation's dedicated federal judges are conscientiously discharging their duties...In 2009, a total of 1,402,816 bankruptcy petitions were filed in the U.S. courts, an increase of 35% over the 1,042,806 filed in 2008. The 2009 total represents the greatest number of bankruptcy filings since 2005, when many debtors rushed to file petitions before October 17, 2005, the date on which the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) took effect."
Related postings on financial system
January 01, 2010
Commentary: Wall Street Reform and Consumer Protection Act
Follow up to previous postings on H.R. 4173, David Reilly, Bloomberg News columnist, commentary.
Related postings on financial system
December 29, 2009
Council of State Governments Report - Green Jobs Slow But Coming
News release: "While the Recovery Act has made unprecedented investments in clean energy, energy efficiency, and other environmental improvements, a new report by The Council of State Governments finds that in most states the wave of green jobs tied to these investments has yet to arrive. CSG has released a state-by-state analysis of green jobs created or retained through the Recovery Act. According to CSG’s analysis, which looked at data collected by states through Oct. 10, 2009, states have created or saved just more than 13,000 green jobs."
CSG Report: Green Jobs Created or Saved by the Recovery Act
December 28, 2009
Senate Health Care Bill
Senate Health Care Bill - The Patient Protection and Affordable Care Act passed in the Senate on December 24, 2009. [Note - 2409 pages, PDF]
Related postings on health care reform
December 25, 2009
Side by Side Comparison of House and the Senate Health Care Proposals
New York Times - Comparing the House and the Senate Health Care Proposals: "Senate Democrats said Saturday that they had clinched an agreement on a sweeping legislation to overhaul the nation’s health care system. The House passed its own version in November. The proposals are broadly similar but differ on some major issues, such as on a new government insurance plan, abortion and immigration. Many provisions of the Senate bill, including the mandate for individuals to obtain insurance and the creation of insurance markets, would take effect in 2014, a year later than similar provisions of the House bill."
Related postings on health care reform
December 20, 2009
New GAO Reports: Biosurveillance, Veterans Affairs, DOD Civilian Personnel, Softwood Lumber Act of 2008
- Biosurveillance: Developing a Collaboration Strategy Is Essential to Fostering Interagency Data and Resource Sharing,
GAO-10-171, December 18, 2009
- Department of Veterans Affairs' Implementation of Information Security Education Assistance Program, GAO-10-170R, December 18, 2009
- DOD Civilian Personnel: Intelligence Personnel System Incorporates Safeguards, but Opportunities Exist for Improvement,
GAO-10-134, December 17, 2009
- Overseas Contingency Operations: Funding and Cost Reporting for the Department of Defense, GAO-10-288R, December 18, 2009
- Softwood Lumber Act of 2008: Customs and Border Protection Established Required Procedures, but Agencies Report Little Benefit from New Requirements, GAO-10-220, December 18, 2009
- Juvenile Justice: DOJ Is Enhancing Information on Effective Programs, but Could Better Assess the Utility of This Information,
GAO-10-125, December 17, 2009
- UN Office for Project Services: Management Reforms Proceeding but Effectiveness Not Assessed, and USAID's Oversight of Grants Has Weaknesses, GAO-10-168, November 19, 2009
CBO Letter and Cost Estimate: Patient Protection and Affordable Care Act,
December 19, 2009
CBO: Federal Estate and Gift Taxes
Federal Estate and Gift Taxes, Economic and Budget Issue Brief, December 18, 2009.
"The scheduled repeal of the estate tax in 2010, followed by a reversion to a $1 million effective exemption amount thereafter, has raised interest in modifying the estate tax. Proposals include making permanent the repeal of the estate tax; maintaining the current system of estate taxation, with estates paying tax on amounts exceeding a specified exemption amount; and replacing the estate tax with an inheritance tax. The House of Representatives recently passed legislation (H.R. 4154) that would permanently retain the estate and gift taxes at the parameters in place for 2009."
December 16, 2009
CBO Cost Estimate for Clean Energy Jobs and American Power Act
S. 1733, Clean Energy Jobs and American Power Act, December 16, 2009. Cost estimate for the bill as ordered reported by the Senate Committee on Environment and Public Works on November 5, 2009.
"In total, those changes would reduce budget deficits (or increase future surpluses) by about $21 billion over the 2010-2019 period. (All estimated effects would be on-budget.) In years after 2019, direct spending would be less than the net revenues attributable to the legislation in each of the 10-year periods following 2019. Therefore, CBO estimates that enacting S. 1733 would not increase the deficit in any of the four 10-year periods following 2019.
Related postings on climate change
December 13, 2009
CRS Report: Lobbying the Executive Branch: Current Practices and Options for Change
Via U.S. Dept. of State: Lobbying the Executive Branch: Current Practices and Options for Change, Jacob R. Straus, Analyst on the Congress, December 1, 2009
"This report outlines the development of registration requirements for lobbyists engaging executive branch officials since 1995. It also summarizes steps taken by the Obama Administration to limit and monitor lobbying of the executive branch; discusses the development and implementation of restrictions placed on lobbying for Recovery Act and EESA funds; examines the Obama Administration’s decision to stop appointing lobbyists to federal advisory bodies and committees; considers third-party criticism of current executive branch lobbying policies; and provides options for possible modifications in current lobbying laws and practices."
December 12, 2009
House Approves Critical Funding Increases for Cancer Prevention Services and Research
News release: "The House of Representatives today showed a renewed commitment to defeat cancer, passing an FY 2010 domestic appropriations bill that includes long overdue increases for cancer prevention services and helps to sustain critical research funding levels. The legislation would provide an 8.8 percent increase for cancer prevention and control programs at the Centers for Disease Control and Prevention (CDC) and a 2.3 percent increase in funding for the National Institutes of Health (NIH), including a 2.8 percent for the National Cancer Institute (NCI) and a 2.7 percent increase for the National Center on Minority Health and Health Disparities (NCMHD)."
Law encourages "assistance to food-insecure people in the United States"
Federal Times: "The two councils that amend the Federal Acquisition Regulation published seven new rules in the Federal Register...one finalizes an interim rule encouraging food service contractors to donate “wholesome excess food to nonprofit organizations that provide assistance to food-insecure people in the United States.”
Federal Register: "The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted, as final, with no changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Federal Food Donation Act of 2008 (Pub. L. 110-247), which encourages executive agencies and their contractors, in contracts for the provision, service, or sale of food, to the maximum extent practicable and safe, to donate apparently wholesome excess food to nonprofit organizations that provide assistance to food-insecure people in the United States."
December 09, 2009
H.R. 4173, Wall Street Reform and Consumer Protection Act of 2009
CBO: H.R. 4173, Wall Street Reform and Consumer Protection Act of 2009. December 9, 2009: Cost estimate for the bill as amended and reported by the House Committee on Rules on December 8, 2009
H.R. 4173, Wall Street Reform and Consumer Protection Act of 2009
December 04, 2009
CRS Memo: Public and Private Expenditures for Health Care, 2007
Follow up to previous postings on health care reform, today's news release: "U.S. Senator Tom Coburn, M.D. (R-OK) released the following statement today regarding a new report by the non-partisan Congressional Research Service (CRS) that shows that 60 percent of health care spending in the U.S. ($1.35 trillion out of $2.24 trillion) is controlled by state, local and federal government.
Public and Private Expenditures for Health Care, 2007. December 1, 2009
December 02, 2009
CRS: The Market Structure of the Health Insurance Industry
The Market Structure of the Health Insurance Industry, D. Andrew Austin - Analyst in Economic Policy, Thomas L. Hungerford - Specialist in Public Finance. November 17, 2009
"Congress is now considering several proposals to reform the U.S. health care system and address the twin challenges of constraining rapid growth of health care costs and expanding access to high-quality health care. This report discusses how the current health insurance market structure affects the two policy goals of expanding health insurance coverage and containing health care costs. Concerns about concentration in health insurance markets are linked to wider concerns about the cost, quality, and availability of health care. The market structure of the health insurance and hospital industries may have played a role in rising health care costs and in limiting access to affordable health insurance and health care."
November 30, 2009
CBO: Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output as of September 2009
Estimated Impact of the American Recovery and Reinvestment Act on Employment and Economic Output as of September 2009 - November 2009
"Recipients report that about 640,000 jobs were created or retained with ARRA funding through September 2009. Such reports, however, do not provide a comprehensive estimate of the law’s impact on employment in the United States. That impact may be higher or lower than the reported number for several reasons (in addition to any issues about the quality of the data in the reports).3 First, it is impossible to determine how many of the reported jobs would have existed in the absence of the stimulus package. Second, the reports filed by recipients measure only the jobs created by employers who received ARRA funding directly or by their immediate subcontractors (so-called primary and secondary recipients), not by lower-level subcontractors. Third, the reports do not attempt to measure the number of jobs that may have been created or retained indirectly as greater income for recipients and their employees boosted demand for products and services. Fourth, the recipients’ reports cover only certain appropriations made under ARRA, which encompass only about one-quarter of the total amount spent by the government or conveyed through tax reductions in ARRA through September 2009. The reports do not measure the effects of other provisions of the stimulus package, such as tax cuts and transfer payments to individuals."
Related postings on financial system
November 29, 2009
CBO: An Analysis of Health Insurance Premiums Under the Patient Protection and Affordable Care Act
An Analysis of Health Insurance Premiums Under the Patient Protection and Affordable Care Act, November 30, 2009 - Letter to the Honorable Evan Bayh
"There is great interest in how proposals being considered by the Congress to change the health care and health insurance systems would affect premiums paid for health insurance in various markets. Consequently, the Congressional Budget Office (CBO) and the staff of the Joint Committee on Taxation (JCT) have analyzed how those premiums might be affected by the Patient Protection and Affordable Care Act, an amendment in the nature of a substitute to H.R. 3590, as proposed by Senator Reid on November 18, 2009. The analysis looks separately at the effects on premiums for coverage purchased individually, coverage purchased by small employers, and coverage provided by large employers."
New York Times: No Big Cost Rise in U.S. Premiums Is Seen in Study
November 23, 2009
CRS: Temporary Extension of Unemployment Benefits: Emergency Unemployment Compensation
Temporary Extension of Unemployment Benefits: Emergency Unemployment Compensation (EUC08), November 17, 2009
"In July 2008, a new temporary unemployment benefit, the Emergency Unemployment Compensation (EUC08) program, began. The EUC08 program was created by P.L. 110-252, and it was amended by P.L. 110-449, P.L. 111-5, and P.L. 111-92. This temporary unemployment insurance program provides up to 20 additional weeks of unemployment benefits to certain workers who have exhausted their rights to regular unemployment compensation (UC) benefits. A second tier of benefits provides up to an additional 14 weeks of benefits (for a total of 34 weeks of EUC08 benefits for all unemployed workers). A third tier is available in states with a total unemployment rate of at least 6% and provides up to an additional 13 weeks of EUC08 benefits (for a total of 47 weeks of EUC08 benefits). A fourth tier is available in states with a total unemployment rate of at least 8.5 % and provides up to an additional 6 weeks of EUC08 benefits (for a total of 53 weeks of EUC08 benefits). The EUC08 program expires at the end of December 2009."
Related postings on financial system
November 21, 2009
Federal Regulators Issue Final Model Privacy Notice Form
News release: "Eight federal regulatory agencies today released a final model privacy notice form that will make it easier for consumers to understand how financial institutions collect and share information about consumers. Under the Gramm-Leach-Bliley Act (GLB Act), institutions must notify consumers of their information-sharing practices and inform consumers of their right to opt out of certain sharing practices. The model form issued today can be used by financial institutions to comply with these requirements. The Financial Services Regulatory Relief Act of 2006 amended the GLB Act to require the agencies to propose a succinct and comprehensible model form that allows consumers to easily compare the privacy practices of different financial institutions, and has an easy-to-read font...The final rule provides that a financial institution that chooses to use the model form obtains a "safe harbor" and will satisfy the disclosure requirements for notices. The rule also removes, after a transition period, the sample clauses now included in the appendices of the agencies’ privacy rules. The final model privacy form was developed jointly by the Board of Governors of the Federal Reserve System, Commodity Futures Trading Commission, Federal Deposit Insurance Corporation, Federal Trade Commission, National Credit Union Administration, Office of the Comptroller of the Currency, Office of Thrift Supervision, and Securities and Exchange Commission."
November 20, 2009
New CBO Reports: Affordable Health Care and DOD FY2010 Budget
- H.R. 3962, Affordable Health Care for America Act, November 20, 2009. Revised cost estimate for the bill as passed by the House of Representatives
- Information on Medicare's Payments to Physicians and the Budgetary Effects of H.R. 3961, the Medicare Physicians Payment Reform Act of 2009, November 19, 2009. Letter to the Honorable Paul Ryan
- Patient Protection and Affordable Care Act, November 18, 2009
Cost estimate for the amendment in the nature of a substitute to H.R. 3590, as proposed in the Senate on November 18, 2009
- Long-Term Implications of the Department of Defense's Fiscal Year 2010 Budget Submission, November 18, 2009. Testimony before the Committee on Armed Services, U.S. House of Representatives.
November 16, 2009
New GAO Reports: Veterans Affairs, Audits of SEC And FHFA, Recovery Act, Student Achievement
- Department Of Veterans Affairs: Improvements Needed in Corrective Action Plans to Remediate Financial Reporting Material Weaknesses, GAO-10-65, November 16, 2009
- Financial Audit: Federal Housing Finance Agency's Fiscal Year 2009 Financial Statements, GAO-10-218, November 16, 2009
- Financial Audit: Securities and Exchange Commission's Financial Statements for Fiscal Years 2009 and 2008, GAO-10-250, November 16, 2009
- Recovery Act: Agencies Are Addressing Broadband Program Challenges, but Actions Are Needed to Improve Implementation, GAO-10-80, November 16, 2009
- Student Achievement: Schools Use Multiple Strategies to Help Students Meet Academic Standards, Especially Schools with Higher Proportions of Low-Income and Minority Students, GAO-10-18, November 16, 2009
- Critical Infrastructure Protection: OMB Leadership Needed to Strengthen Agency Planning Efforts to Protect Federal Cyber Assets, GAO-10-148, October 15, 2009
- Integrity Committee's Process to Address Allegations of Wrongdoing by Inspectors General, GAO-10-63R, October 15, 2009
- Workplace Safety and Health: Enhancing OSHA's Records Audit Process Could Improve the Accuracy of Worker Injury and Illness Data, GAO-10-10, October 15, 2009
November 15, 2009
Terrorism Information Sharing and the Nationwide Suspicious Activity Report Initiative: Background and Issues for Congress
CRS Report R40901 - Terrorism Information Sharing and the Nationwide Suspicious Activity Report Initiative: Background and Issues for Congress, November 05, 2009
"The 2004 National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) cited breakdowns in information sharing and the failure to fuse pertinent intelligence (i.e., "connecting the dots") as key factors in the failure to prevent the 9/11 attacks. Efforts undertaken since 2001 to tackle these issues include the following: • Congress mandated the creation of an information-sharing environment (commonly known as the "ISE") that would provide and facilitate the means of sharing terrorism information among all appropriate federal, state, local, and tribal entities and the private sector through the use of policy guidelines and technologies. • States and major urban areas established intelligence fusion centers to coordinate the gathering, analysis, and dissemination of law enforcement, homeland security, public safety, and terrorism intelligence and analysis. • Various data mining programs were initiated in an effort to uncover terrorism plots. Data mining involves pattern-based queries, searches, or other analyses of one or more electronic databases. The imperative for the exchange of terrorism-related intelligence information among law enforcement and security officials at all levels of government is founded on three propositions. The first is that any terrorist attack in the homeland will necessarily occur in a community within a state or tribal area, and the initial response to it will be by state, local, and tribal emergency responders and law enforcement officials. Second, the plotting and preparation for a terrorist attack within the United States (such as surveillance of a target, acquisition and transport of weapons or explosives, and even the recruitment of participants) will also occur within local communities. Third, "[i]nformation acquired for one purpose, or under one set of authorities, might provide unique insights when combined, in accordance with applicable law, with seemingly unrelated information from other sources." Suspicious Activity Reports (SARs) contain information about criminal activity that may also reveal terrorist pre-operational planning. Many believe that the sharing of SARs among all levels of government and the fusing of these reports with other intelligence information will help uncover terrorist plots within the United States. The Nationwide SAR Initiative (NSI) is an effort to have most federal, state, local, and tribal law enforcement organizations participate in a standardized, integrated approach to gathering, documenting, processing, and analyzing terrorism-related SARs. The NSI is designed to respond to the mandate of the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458), for a "decentralized, distributed, and coordinated [information sharing] environment ... with ‚applicable legal standards relating to privacy and civil liberties.'" This report describes the NSI, the rationale for the sharing of terrorism-related SARs, and how the NSI seeks to achieve this objective. It examines the privacy and civil liberties concerns raised by the initiative and identifies other oversight issues for Congress."
November 12, 2009
CRS Report - Job Loss and Infrastructure Job Creation Spending During the Recession
Job Loss and Infrastructure Job Creation Spending During the Recession, Linda Levine, Specialist in Labor Economics, October 2, 2009
"A question that typically arises during congressional consideration of economic stimulus legislation is which approach produces the most bang for the buck. In the instant case, this means how many jobs might be supported by federal expenditures on traditional and green infrastructure projects. Once stimulus legislation is signed into law, the focus of Congress customarily turns to estimates of the number of jobs that result as federal funds are allocated to specific activities. Therefore, after briefly examining the trend in employment and unemployment since the recession’s onset, the report turns to an in-depth look at estimates of job creation, including the limitations of the methodology often used to derive them and the difficulties associated with developing job estimates for green infrastructure in particular. The report closes with a review of what is known to date about the number of jobs supported by infrastructure spending among other provisions in the American Recovery and Reinvestment Act (ARRA, P.L. 111-5). Section 1512 requires entities that receive ARRA appropriations from federal agencies, totaling approximately $271 billion, to include in quarterly reports the number of jobs created or maintained as a result."
Related postings on financial system
November 11, 2009
Sen. Dodd, Banking Committee Demcrats Release Draft of Comprehensive Financial Reform
Follow up to previous postings on the establishment of a Consumer Financial Protection Agency, the following new documents released by Sen. Dodd via his press release:
Discussion draft "To identify and address risks to the stability of the United States financial system through the establishment of the Agency for Financial Stability, to ensure the orderly resolution of failing complex financial institutions in order to minimize economic turmoil and protect the interest of taxpayers, to provide for effective bank supervision through the establishment of the Financial Institutions Regulatory Administration, to enhance the regulation of consumer financial products and services through the establishment of the Consumer Financial Protection Agency, to allow= the Federal government to better coordinate and monitor insurance matters through the establishment of the Office of National Insurance in the Department of Treasury, to improve the regulation of derivatives, securities, securities products, credit rating agencies, and hedge funds, to increase investor protections, and for other purposes."
Summary: Restoring American Financial Stability – Discussion Draft - Create a Sound Economic Foundation to Grow Jobs, Protect Consumers, Rein in Wall Street, End Too Big to Fail, Prevent Another Financial Crisis
November 09, 2009
House Report 111-330, to accompany H. Res. 903 RH
House Report 111-330, to accompany H. Res. 903 RH - The rule providing for consideration of H.R. 3962, Affordable Health Care for America Act, contains a summary of the amendment, the Common Sense Health Care Reform and Affordability Act.
November 07, 2009
CRS Report: Health Reform and the 111th Congress
Health Reform and the 111th Congress, Hinda Chaikind, Specialist in Health Care Financing, October 14, 2009
The health reform debate in the 111th Congress has continued and expanded upon the work begun in the 110th Congress. On November 12, 2008, the Chairman of the Senate Finance Committee, Senator Baucus, released a white paper detailing his principles for health reform. This provided a framework for work within the committee for the 111th Congress. Several bills were introduced when the 111th Congress first convened, and these bills focused on a broad spectrum of approaches to health reform. Most recently, the House and Senate committees of principle jurisdiction on health reform have been formulating their legislation. On July 15, one of the two committees with principle jurisdiction in the Senate, the Committee on Health, Education, Labor, and Pensions, ordered reported S. 1679, the Affordable Health Choices Act. In the House, the principle jurisdiction for health reform is divided among the Committees on Education and Labor, Ways and Means, and Energy and Commerce. Jointly, the committees released for consideration H.R. 3200, America’s Affordable Health Choices Act, on July 14. The Committees on Education and Labor and Ways and Means each ordered reported, as amended, their versions of H.R. 3200 on July 17. The Committee on Energy and Commerce ordered reported its version of H.R. 3200 on July 31, 2009. The Senate Finance Committee ordered reported the Chairman’s mark, as amended, known as America’s Health Future Act of 2009, on October 13."
WSJ - Health-Care Reform Proposals Comparison Chart
Follow up on previous postings on health care reform, from WSJ.com - Health-Care Reform Proposals - "Compare health-care legislation taking shape in the House and Senate as President Barack Obama pushes to overhaul the system. Details are still being negotiated and any final health care bill would have to meld proposals from the House and Senate."
November 06, 2009
CBO Cost Estimate for H.R. 3962, Affordable Health Care for America Act November 6, 2009
H.R. 3962, Affordable Health Care for America Act - November 6, 2009: Cost estimate for the bill as introduced on October 29, 2009 and incorporating the manager's amendment from November 3, 2009 (updated to reflect enactment of H.R. 3548): "CBO and the staff of JCT now estimate that, on balance, the direct spending and revenue effects of enacting H.R. 3962, incorporating the manager’s amendment, would yield a net reduction in federal budget deficits of $109 billion over the 2010-2019 period."
- Richard S. Foster, Chief Actuary, CMS - Estimated Financial Effects of the 'America's Affordable Health Choices Act of 2009' (H.R. 3200), as Reported by the Ways and Means Committee, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, October 21, 2009
- Joint Committee on Taxation, Estimated Revenue Effects of Possible Modifications to the Revenue Provisions of H.R. 3962, the Affordable Health Care for America Act, October 29, 2009
- Related postings on H.R. 3962
Recent CRS Reports: Income of Americans Aged 65 and Older, Systemic Risk and the Federal Reserve, Presidential Terms and Tenure
November 03, 2009
Dept. of Transportation: Highway Investment Hits $20 Billion
News release: "The Federal Highway Administration crossed the $20 billion mark in approved obligations for highway, road and bridge projects this week, U.S. Transportation Secretary Ray LaHood announced today. Of the $26.6 billion available for federal highway and bridge projects under the American Recovery and Reinvestment Act, more than 75 percent has now been obligated."
Related postings on financial system
Review of HUD’s Process for Monitoring Recipient Reporting for the Recovery Act of 2009
HUD OIG: Review of HUD’s Process for Monitoring Recipient Reporting for the American Recovery and Reinvestment Act of 2009, October 30, 2009
"We audited HUD's process for monitoring recipient reporting for the American Recovery and Reinvestment Act of 2009 (Recovery Act). The Recovery Accountability and Transparency Board (Board), created by the Recovery Act, has required the Inspector General community to evaluate Federal agencies' process for monitoring recipient reporting of Recovery Act funds for the quarter ending September 30, 2009. The audit reports are to be issued to their agencies no later than October 30, 2009. The reports will also be submitted to the Board, which will compile the results and issue a consolidated report with recommendations for improvement across the Federal government. Our audit objective was to determine whether HUD had developed a process for performing limited data quality reviews of recipient reporting of recovery funds."
November 02, 2009
Analysis of Subsidies to and Payments by Enrollees in Insurance Exchanges Under the Affordable Health Care for America Act
CBO Analysis of Subsidies to and Payments by Enrollees in Insurance Exchanges Under the Affordable Health Care for America Act, November 2, 2009. Letter to the Honorable Charles B. Rangel
"This letter responds to questions about the subsidies that enrollees would receive for premiums and cost sharing and the amounts that they would have to pay, on average, if they purchased a relatively low cost plan in the new insurance exchanges to established under H.R. 3962, the Affordable Health Care for America Act, as introduced in the House of Representatives on October 29, 2009."
November 01, 2009
Robert Wood Johnson Foundation Report on Obesity in America
"The country will never be able to contain rates of chronic diseases and health care costs until we find ways to keep Americans healthier. But right now, Americans are not as healthy as they could be or should be. Two-thirds of adults are overweight or obese. The childhood obesity epidemic is putting today’s youth on course to potentially be the first generation to live shorter, less healthy lives than their parents. This report, the sixth annual edition of F as in Fat: How Obesity Rates Are Failing in America 2009, finds that in the past year, adult obesity rates grew in 23 states and did not decrease in a single state. The number of obese adults now exceeds 25 percent in nearly two-thirds of states. In 1991, no state had an obesity rate above 20 percent. In 1980, the national average of obese adults was 15 percent."
Corresponding graphic of report data by state, posted in Newsweek on October 30, 2009
Related postings on health care reform
CBO Letters to Congress on Costs of Proposed Health Care Reform
October 27, 2009
Draft Version of Financial Stability Improvement Act of 2009
WSJ: "Here are some key parts of the draft legislation hashed out between House Financial Services Committee Chairman Barney Frank (D., Mass.) and the Treasury Department.
1) It would create a financial services oversight council, chaired by the Treasury Secretary, which would consist of Federal Reserve Chairman, Comptroller of the Currency, Federal Deposit Insurance Corp. Chairman, and heads of the Securities and Exchange Commission, Federal Housing Finance Agency, Commodity Futures Trading Commission, and others. The council would:
a. advise Congress on banking regulation
b. identify companies and activities that should be subject to more supervision.
c. Issue formal recommendations that a council member adopt for firms it regulates.
d. Resolve a dispute between regulators.
e. Subject a financial activity or practice to tougher rules and standards if the activity could threaten companies or markets..."
Summary of the Financial Stability Improvement Act
Related postings on financial system
October 25, 2009
Financial Services Committee Approves Creation of Consumer Financial Protection Agency
CQ Staff: "The House Financial Services Committee approved creation of a Consumer Financial Protection Agency (CFPA), marking a big win for many Democrats and consumer advocates. The measure (HR 3126) — a central piece of the Obama administration’s financial overhaul plan — would create a new federal regulator with broad powers to police large swaths of the economy, including credit cards, home mortgages and pay-day lenders. Support for the new agency has grown after hundreds of thousands of subprime borrowers lost their homes, triggering one of the worst recessions in decades."
Summary of HR 3126
Related postings on financial system
October 15, 2009
EPA OIG: The Clean Water Act after 37 Years: Recommitting to the Protection of the Nation's Waters
The Clean Water Act after 37 Years: Recommitting to the Protection of the Nation’s Waters - Statement of Wade T. Najjum Assistant Inspector General for Program Evaluation Before the Committee on Transportation and Infrastructure, U.S. House of Representatives, October 15, 2009.
"Steps taken by EPA and others under the Clean Water Act have resulted in significant improvement in the nation’s waters over what they would have been without this law. EPA has led a change in the nation’s attitude toward protecting our rivers and streams. Billions of dollars are spent annually by companies and federal, State, and local governments to work toward the goals that Congress established 37 years ago. As a result, significant amounts of pollutants from factories and wastewater treatment plants are now removed before discharges reach rivers and streams; and many water bodies have been made safe for fishing and swimming. Despite these accomplishments, the full potential of the Clean Water Act has not been realized."
October 11, 2009
New DOD Authorization Calls For Increased Civilian and Reduced Contractor Workforce
Government Executive: The 1,500-page fiscal 2010 Defense authorization bill approved by a congressional conference committee on Wednesday will have major repercussions for contractors and the government's acquisition workforce. Rep. Ike Skelton, D-Mo., chairman of the House Armed Services Committee, said the legislation "supports the [Pentagon's] plan to increase the size of the civilian acquisition workforce; reduces the Department of Defense's reliance on contractors for critical acquisition functions; and eliminates waste, fraud and abuse through better contract oversight."
Campaign to Make Our Food Safe
Make Our Food Safe: "Every year, 76 million Americans are sickened from consuming contaminated food – and 5,000 of these people die. That’s more than the number of individuals who lose their lives as a result of fire or unintentional drowning in the U.S. each year. Continued outbreaks of foodborne illness over the last several years – from spinach to peppers to peanuts – have demonstrated that these outbreaks are not random, unpreventable occurrences, but are due to widespread problems with our food safety system. Our current food system is broken and has been in need of reform for decades. And this year, Congress has the opportunity to change course and help protect children, families, senior citizens and all others from foodborne illness."
Report: Ten Riskiest Foods Regulated by the FDA: "The Center for Science in the Public Interest, which authored the report,[says there is no] need one pass up tomatoes, sprouts, and berries, even though those foods are also on the list. But the nonprofit watchdog group says the presence of so many healthy foods on such a list is exactly why the United States Senate should follow the House and pass legislation that reforms our fossilized food safety laws."
Patriot Act Reauthorization Bill Passed by Senate Committee
ACLU: "The Senate Judiciary Committee passed the USA PATRIOT Act Extension Act of 2009 [October 9, 2009], a bill which falls far short of restoring the necessary civil liberties protections lacking in the original Patriot Act. The bill, passed by the committee after two sessions of debate, makes only minor changes to the disastrous Patriot Act and was further watered down by amendments adopted during markup. The American Civil Liberties Union had endorsed the JUSTICE Act, an alternative bill that would heavily reform not only the Patriot Act but other overly broad surveillance laws."
Previous postings on Patriot Act
October 08, 2009
Preliminary Analysis of the Chairman's Mark for the America's Healthy Future Act, as Amended
CBO: Preliminary Analysis of the Chairman's Mark for the America's Healthy Future Act, as Amended - October 7, 2009 Letter to the Honorable Max Baucus
"According to CBO and JCT’s assessment, enacting the Chairman’s mark, as amended, would result in a net reduction in federal budget deficits of $81 billion over the 2010–2019 period..."
October 06, 2009
Report: Ten Riskiest Foods Regulated by the FDA
The Riskiest Foods Regulated by the U.S. Food and Drug Administration, Center for Science in the Public Interest (CSPI - a non-profit organization based in Washington, DC.
"Leafy greens, eggs, and tuna are on the top of a list of the 10 riskiest foods regulated by the Food and Drug Administration. Those and seven other foods account for nearly 40 percent of all foodborne outbreaks linked to FDA-regulated food. That's no reason to forgo the occasional salad Nicoise, says the Center for Science in the Public Interest, which authored the report, nor need one pass up tomatoes, sprouts, and berries, even though those foods are also on the list. But the nonprofit watchdog group says the presence of so many healthy foods on such a list is exactly why the United States Senate should follow the House and pass legislation that reforms our fossilized food safety laws."
CSPI's Outbreak Alert! Database
Recalls, Market Withdrawals, & Safety Alerts: FDA and industry press releases regarding product recalls
September 30, 2009
Recovery.gov Website Upgrade Includes New Mapping Features
Federal Computer Week: "The upgraded version of the Recovery.gov Web site for tracking spending under the economic stimulus law gets mostly positive reviews, but has disappointed some visitors. The retooled site, sponsored by the Recovery Accountability and Transparency Board, went online on Sept. 28 with new mapping features, a new layout and more prominent displays of key spending data. One addition is a large, interactive map; users can click on geographic areas, or enter locations or zip codes, to display information on contracts, grants and loans awarded. The map has data gathered from federal agencies and on Oct. 30, it will publish state and local data on contract awards."
Related postings on financial system
September 28, 2009
Recent CRS Reports: Congress and Twitter, Wildfire Fuels, F-35 Joint Strike Fighter, Older Workers, Climate Change
September 27, 2009
DOJ Limits Use of State Secrets Privilege
EPIC: "...the Department of Justice announced a new policy that limits the government’s use of the state secrets privilege. The state secrets privilege is a rule of evidence intended to prevent genuine matters of national security from being disclosed in open court. However, recently it has been misused by both the Bush and Obama administrations in order to derail litigation completely. For instance, in 2007 EPIC filed a “friend-of-the-court” brief in a warrantless wiretapping case, Hepting v. United States, in which the government argued that the case should be dismissed because it would reveal “state secrets.” Under the new policy, the privilege will be invoked only "to the extent necessary to protect against the risk of significant harm to national security." The Attorney General will also have to approve each determination. The State Secret Protection Act of 2009, legislation with a similar purpose, is now pending in Congress. For more information, see EPIC Open Government."
DOJ: Policies and Procedures Governing Invocation of the State Secrets Privilege
September 24, 2009
EFF: Government Must Provide More Info on Campaign to GiveTelecoms Retroactive Immunity
News release: "A judge ordered the government Thursday to release more records about the lobbying campaign to provide immunity to the telecommunications giants that participated in the NSA's warrantless surveillance program. U.S. District Judge Jeffrey S. White ordered the records be provided to the Electronic Frontier Foundation (EFF) by October 9, 2009. The decision is part of EFF's long-running battle to gather information about telecommunications lobbying conducted as Congress considered granting immunity to companies that participated in illegal government electronic surveillance. Telecom immunity was eventually passed as part of the FISA Amendments Act (FAA) of 2008, but a bill that would repeal the immunity -- called the JUSTICE Act -- was introduced in the Senate last week."
Expedited CARD Reform for Consumers Act of 2009
News release: "Reps. Carolyn Maloney (D-NY), author of the credit card reform bill signed earlier this year by President Obama, and Barney Frank (D-MA), Chair of the House Financial Services Committee, today introduced legislation which changes the effective date for the reforms in that bill to December 1, 2009. H.R. 3639, the Expedited CARD Reform for Consumers Act of 2009, would move up the effective date of the remaining provisions of the Credit CARD Act, which are now scheduled for February and August 2010."
“Pew Charitable Trust reports that interest rates have spiked by an average of 20% on credit cards representing more than 91% of the $864 billion in outstanding credit card balances. It’s clear that credit card companies are taking advantage of this period between the signing of my bill and the current effective date,” Rep. Maloney said. “The breadth and depth of the rate hikes happening now point to the need for faster consumer protections. Americans need relief now.”
Related postings on financial system
September 23, 2009
Additional Information on Insurance Coverage for Unauthorized Immigrants Under Proposed Health Care Legislation
CBO: Additional Information on Insurance Coverage for Unauthorized Immigrants Under Proposed Health Care Legislation, September 22, 2009 - Letter to the Honorable Chuck Grassley
"Under current law, CBO projects that the non elderly unauthorized immigrant population will total about 14 million in 2019. Of those individuals, nearly 60 percent (about 8 million) will be uninsured. A further 25 percent (about 4 million) will have employment-based coverage, and about 7 percent (1 million) will have some alternative form of insurance (other than Medicaid). The remaining 10 percent (about 1 million) will make use of some Medicaid coverage, reflecting the current law that allows unauthorized immigrants—who are not eligible for full Medicaid benefits—to receive limited Medicaid coverage for emergency care if they would be eligible for the program apart from their unauthorized status. The number using Medicaid may also include some unauthorized immigrants who manage to obtain full Medicaid coverage even though they do not qualify for it; however, we believe that state agencies administering the Medicaid program successfully screen out most ineligible individuals."
September 20, 2009
DHA OIG Audit of TSA Privacy Stewardship
OIG-09-97 - Transportation Security Administration Privacy Stewardship (PDF, 36 pages), August 28, 2009
"We performed an audit of the Transportation Security Administration’s (TSA) privacy stewardship. Our audit objective was to determine whether TSA’s plans and activities instill and promote a privacy culture and comply with federal privacy laws and regulations. As part of this audit, we surveyed 2,285 TSA employees on their knowledge of the Privacy Act, the proper handling of personally identifiable information, privacy incident response, and privacy stewardship. The results of this survey are discussed throughout the report."
September 17, 2009
JUSTICE Act Would Fix Long Standing Problems with PATRIOT Act and Other Surveillance Laws
News release and Fact Sheet: "U.S. Senators Russ Feingold (D-WI), Dick Durbin (D-IL), Jon Tester (D-MT), Tom Udall (D-NM), Jeff Bingaman (D-NM), Bernie Sanders (I-VT), Daniel Akaka (D-HI) and Ron Wyden (D-OR) have introduced legislation to fix problems with surveillance laws that threaten the rights and liberties of American citizens. The Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act would reform the USA PATRIOT Act, the FISA Amendments Act and other surveillance authorities to protect Americans’ constitutional rights, while preserving the powers of our government to fight terrorism. The JUSTICE Act reforms include more effective checks on government searches of Americans’ personal records, the “sneak and peek” search provision of the PATRIOT Act, “John Doe” roving wiretaps and other overbroad authorities. The bill will also reform the FISA Amendments Act, passed last year, by repealing the retroactive immunity provision, preventing “bulk collection” of the contents of Americans’ international communications, and prohibiting “reverse targeting” of innocent Americans. And the bill enables better oversight of the use of National Security Letters (NSLs) after the Department of Justice Inspector General issued reports detailing the misuse and abuse of the NSLs. The Senate Judiciary Committee will hold a hearing on Wednesday, September 23rd, on reauthorization of the USA PATRIOT Act."
September 16, 2009
Preliminary Analysis of Specifications for the Chairman's Mark of the America's Healthy Future Act
Senate Finance Committee: Baucus Releases America’s Healthy Future Act
September 13, 2009
Council of Economic Advisors: Economic Impact of American Recovery Act
Council of Economic Advisors: Economic Impact of American Recovery and Reinvestment Act of 2009 - First Quarterly Report, September 10, 2009.
"Among the key finding of the study are: As of the end of August, $151.4 billion of the original $787 billion has been outlaid or has gone to American taxpayers and businesses in the form of tax reductions. An additional $128.2 billion has been obligated, which means that the money is available to recipients once they make expenditures. The areas where stimulus has been largest in the first six months are individual tax cuts, state fiscal relief, and aid to those most directly hurt by the recession. That recovery funds have gone out rapidly certainly increases the probability that the Act has been effective in its first six months..."
Related postings on financial system
September 12, 2009
Clean Water Act Violations: The Enforcement Record
New York Times: Clean Water Laws Are Neglected, at a Cost to Health
"Across the nation, the system that Congress created to protect the nation’s waters under the Clean Water Act of 1972 today often fails to prevent pollution. The New York Times has compiled data on more than 200,000 facilities that have permits to discharge pollutants and collected responses from states regarding compliance. Information about facilities contained in this database comes from two sources: the Environmental Protection Agency and the California State Water Resources Control Board. The database does not contain information submitted by the states."
"The New York Times surveyed violations of the Clean Water Act in every state, and the response by state regulators...Figures were compiled by asking states to verify data initially provided by the federal Environmental Protection Agency. Any time officials disputed the data, they were asked to provide alternative figures, which were substituted. New Mexico, New Hampshire, Massachusetts, Idaho and the District of Columbia were not delegated enforcement of the Clean Water Act. Figures for those states are from the E.P.A. Georgia, Kentucky, Pennsylvania, Tennessee and Mississippi disputed the E.P.A. figures but did not provide alternative information."
Find Toxic Polluters Near You - Search by city or zip code:: "The New York Times requested information on Clean Water Act permits, violations and enforcement actions from all 50 states. Additionally, The Times requested data on states’ staffing and budgets for oversight of water pollution. The Times is making available for download files sent by 39 states in response to those requests. In some cases, The Times has changed file formats and has also made some PDF files more readable by rotating their pages. Otherwise the files are presented as they were received."
September 09, 2009
President's Speech on Health Insurance Reform
White House: "Tonight the President will make clear to Congress exactly what he would like to see in the health insurance reform legislation that gets sent to his desk. With four out of five committees in Congress having finished their work and the fifth announcing today that they are moving forward, more progress has been made today than in all the decades since reform was first proposed by Teddy Roosevelt. But tonight the President will explain how these bills should be pulled together to find the best solutions possible to bring peace of mind to Americans who have insurance and affordable coverage to those who don't."
"The White House has released the following excerpts from President Obama's prepared remarks for tonight's address to a joint session of Congress on health care reform."
Full text of the president's address to a joint session of Congress, September 9, 2009.
The Obama Plan: Stability & Security for all Americans
Related postings on health care reform
September 08, 2009
FDA Opens the Reportable Food Registry - Electronic Portal for Industry
"The Reportable Food Registry (RFR or the Registry) is an electronic portal for Industry to report when there is reasonable probability that an article of food will cause serious adverse health consequences. The Registry helps the FDA better protect public health by tracking patterns and targeting inspections. The Food and Drug Administration Amendments Act of 2007 (Pub. L.110-085), section 1005 directs the FDA to establish a Reportable Food Registry for Industry. The RFR applies to all FDA-regulated categories of food and feed, except dietary supplements and infant formula."
September 04, 2009
GPO Releases 8 new collections into the Federal Digital System
The Government Printing Office (GPO) is pleased to announce the release of 8 new collections into the Federal Digital System (FDsys). The new collections are:
September 03, 2009
Remarks by the Vice President on the 200 Days of the American Recovery and Reinvestment Act
Remarks by the Vice President on the 200 Days of the American Recovery and Reinvestment Act: "First, we had to stabilize the financial system. We took the unpopular but necessary step of rescuing the banks. And now, although there's a long way to go, eight out of 10 of the largest financial institutions in America -- including Goldman, Morgan Stanley, American Express, as well as 16 smaller banks, have repaid the government in full, and I might add, at a $4 billion profit for the taxpayer. Second, along with the Fed, we took action stabilizing the housing market, allowing responsible homeowners to stay in their homes, and we’re beginning to see the results of that. We just learned that new housing starts rose 10 percent in July, for the fourth straight month increase. Are we there yet? No. But we're moving. Two hundred days ago, President Obama signed into law the third piece of our economic plan: the American Recovery and Reinvestment Act. And today there's a growing consensus: The Recovery Act is, in fact, working. Don’t just take my word for it. Analysts from Moody’s to IHS Global Insight, to the Economic Policy Institute and others all estimate the Recovery Act has created or saved between 500,000 to 750,000 jobs. As a matter of fact, some notable economists suggest the number is as high as a million. Economists at Goldman Sachs believe that the package added 2.2 percentage points to real GDP growth in the second quarter of 2009, and estimate that it will add 3.3 percentage current -- points to the current quarter."
Related postings on financial system
August 31, 2009
New on LLRX.com - The Government Domain: Tracking Congress 2.0
The Government Domain: Tracking Congress 2.0 - With the 111th Congress of the United States reconvening on September 8th, e-gov expert Peggy Garvin highlights new tools and sources that enhance and expand your ability to track and monitor the action.
New Nationwide Insurance survey shows overwhelming support for laws banning texting while driving
News release: "Nationwide Insurance today released the results of its new On Your Side® survey, which found that 8 in 10 Americans surveyed this month say they would support legislation restricting cell phone use while driving. The survey, conducted Aug. 5-9, 2009, by Harris Interactive, reports that 80 percent of Americans favor a ban on texting while driving, while two thirds favor a ban on cell phone calls, and more than half say they would support a ban on cell phone use altogether."
Driving While Distracted – Cell Phone Ban - August, 2009
Credit Cards: New Law Protects Consumers from Surprise Fees, Rate Increases and Other Penalties
FDIC Consumer News, Summer 2009 - Credit Cards: New Law Protects Consumers from Surprise Fees, Rate Increases and Other Penalties
"In May, Congress passed and President Obama signed the Credit Card Accountability Responsibility and Disclosure Act of 2009 — the Credit CARD Act — the most sweeping statutory changes in card protections for consumers since the Truth in Lending Act was enacted in 1968. The new law is intended to help protect consumers from abusive fees, penalties, interest rate increases and other unwarranted changes in account terms."
Related postings on financial system
August 30, 2009
Recent CRS Reports: Treatment of Noncitizens in H.R. 3200, Insurance Regulation, Afghanistan, Latin American Financial Crises
- August 25, 2009 - Treatment of Noncitizens in H.R. 3200 [America's Affordable Health Choices Act of 2009]
- August 19, 2009 - Insurance Regulation: Issues, Background, and Legislation in the 111th Congress
- August 14, 2009 - Afghanistan: Post-Taliban Governance, Security, and U.S. Policy
- August 11, 2009 - Financial Regulation and Oversight: Latin American Financial Crises and Reform: Lessons from Chile
- August 11, 2009 - The Military Commissions Act of 2006: Background and Proposed Amendments
- August 07, 2009 - The U.N. Convention on the Elimination of All Forms of Discrimination Against Women: (CEDAW): Issues in the U.S. Ratification Debate
August 26, 2009
The Council on Women and Girls' New Site
"Welcome to our new website! As the Executive Director of the Council [Valerie Jarrett], I’m very excited to launch this site as we commemorate Women’s Equality Day on August 26. On this day when we remember the bravery and struggles that won women the right to vote, we are very pleased to add this website to share with everyone the work of this Administration to address the issues of concern to women and girls. The mission of the White House Council on Women and Girls is to ensure that every part of the federal government takes into account the needs of women and girls in the policies we draft, the programs we create, the legislation we support. Through this site you will be able to meet the member of the Council and the key staff in each agency who are charged with meeting this charge from the President."
Edward M. Kennedy, Senate Stalwart - Graphics, Video and Remembrances
New York Times: "Senator Edward M. Kennedy of Massachusetts, a son of one of the most storied families in American politics, a man who knew acclaim and tragedy in near-equal measure and who will be remembered as one of the most effective lawmakers in the history of the Senate, died late Tuesday night. He was 77."
After Diagnosis, Determined to Make a ‘Good Ending’
The Lion Cub of the Senate
The Caucus: "The Kennedy family has established several memorial sites and tribute areas. For the sharing of public memories, it has asked that people connect with www.tedkennedy.org. In lieu of flowers, donations may be made to educational programming at the Edward M. Kennedy Institute for the United States Senate."
Wall Street Journal on Edward Kennedy - articles, commentary, timelines, multimedia packages
August 23, 2009
Bipartisan Policy Center Releases Report on Improving Health Care Quality and Value
News release: "In response to increasing concerns in the health care debate regarding the long-term costs of reform, the Bipartisan Policy Center (BPC) released a report examining various steps for reforming the health care system to one that delivers better care at lower costs. The report, entitled, Improving Quality and Value in the U.S. Health Care System, supports the bipartisan health reform recommendations released earlier this year by Senators Howard Baker, Tom Daschle and Bob Dole in their budget-neutral framework for comprehensive health reform, Crossing Our Lines: Working Together to Reform the U.S. Health System.
Related postings on health care reform
House Health Care Reform Bill Available On GPO’s Federal Digital System
"As lawmakers and Americans discuss health care reform, The U.S. Government Printing Office (GPO) has made available H.R. 3200, America's Affordable Health Choices Act of 2009, in electronic and printed form. The bill was approved by the U.S. House of Representatives’ Committee on Energy and Commerce. The authentic, electronic version is available on GPO’s Federal Digital System (FDsys), named by Government Computer News as one of the Government’s best Web sites. GPO authenticated the document by digital signature. This signature assures the public that the document has not been changed or altered. A digital signature, viewed through the GPO Seal of Authenticity, verifies the document’s integrity and authenticity."
August 20, 2009
23 AGs Push for New Federal Consumer Protections
News release: "AG King and twenty-three other State Attorneys General sent a letter late Monday to leaders of the Senate Banking Committee and the House Financial Services Committee, voicing strong support for the Consumer Financial Protection Agency proposed by the Obama Administration."
August 17, 2009 - Dear Senators Dodd and Shelby and Representatives Frank and Bachus: "As the chief law enforcement officers of our states, we strongly support legislation to create a Consumer Financial Protection Agency (“CFPA”). The current financial crisis, caused in part by irresponsible subprime lending and inadequate oversight, has demonstrated the need for comprehensive and effective consumer protection and enforcement at the federal level. We believe an independent federal agency combined with joint enforcement by state officials is the best option for meaningful consumer protection in this area."
August 19, 2009
Group Identifies the Worst Proposed Internet Laws in America
"Launched in June, iAWFUL identifies America's 10 worst legislative and regulatory proposals targeted at the Internet. The iAWFUL Web site urges Internet users to join the fight to fix or fight against bills that threaten the future of online commerce and communication. The list is regularly updated to reflect the most immediate dangers, based on regulatory severity and likelihood of passage."