Legislation
July 03, 2009
* CBO: Affordable Health Choices Act

CBO: Affordable Health Choices Act, July 2, 2009 - Preliminary analysis of the provisions of Title I of draft legislation that has been posted on the Web site of the Senate Committee on Health, Education, Labor, and Pensions.

  • "Once the legislation was fully implemented, CBO and JCT staff estimate, about 20 million fewer people would be uninsured compared with projections under current law. About 26 million individuals would obtain coverage through the new insurance exchanges, and about 6 million fewer people would purchase nongroup coverage outside the exchanges. In the aggregate, the number of people obtaining coverage through an employer would change very little."
  • June 28, 2009
    * Who Runs Gov Database from the Washington Post

    "Who Runs Gov offers a unique look at the world of Washington through its key players and personalities. Our site will feature profiles of a select group of government officials, including members of the new presidential administration, legislators, senior Congressional aides and committee staff, and experts at think tanks and interest groups who influence how policy is made. Each profile focuses on an individual's policy experience and involvement with specific areas of government decision-making, from health care to telecommunications to financial services to national security. Our goal is to become the web destination for business, opinion and political leaders – as well as students, educators and engaged citizens - looking for crucial, real-time information on the individuals who shape the policy-making process in the nation’s capital." [Gloria Miccioli]

    * Report Provides Blueprint for Communities to Tackle Global Warming

    News release: "The most authoritative report providing a blueprint for how communities can tackle global warming was released by the California League of Conservation Voters Education Fund and the Natural Resources Defense Council. The report is a guide to California’s Sustainable Communities and Climate Protection Act, or SB 375, the nation’s first legislation to link transportation and land use planning with global warming. The report Communities Tackle Global Warming: A Guide to California’s SB 375, highlights that locating homes closer to jobs and transportation choices creates walkable communities and can improve quality of life, reduce commute times and cut millions of tons of global warming pollution. It also features a photo simulation of how communities could come alive after mixed-use development and improved street design bring pedestrian activity into the area."

  • Related postings on climate change
  • * CBO: H.R. 2998, American Clean Energy and Security Act

    H.R. 2998, American Clean Energy and Security Act, June 26, 2009 - Cost estimate for the bill as amended and reported by the House Committee on Rules on June 26, 2009

  • "Based on a review of H.R. 2998, the American Clean Energy and Security Act, as amended and reported by the House Committee on Rules on June 26, 2009, CBO and the Joint Committee on Taxation (JCT) estimate that enacting the legislation would increase revenues by $873 billion over the 2010-2019 period and would increase direct spending by $864 billion over that 10-year period. In total, CBO and JCT estimate that enacting the legislation would reduce future budget deficits by about $4 billion over the 2010-2014 period and by about $9 billion over the 2010-2019 period CBO has not completed an estimate of the bill’s estimated impact on discretionary spending."
  • June 21, 2009
    * Study Clarifies Whether Duration of Sick Leave Critical to Impact on Unemployment in 22 Countries

    Paid Sick Days Don't Cause Unemployment, June 2009, John Schmitt, Hye Jin Rho, Alison Earle, and Jody Heymann. Center for Economic and Policy Research (CEPR)

  • Critics of legislation requiring employers to provide paid sick days frequently argue that these measures will lead to job loss and raise the national unemployment rate. However, this issue brief shows that the experience of 22 countries with the highest level of social and economic development (as measured by the Human Development Index) suggests that there is no statistically significant relationship between national unemployment rates and legally-mandated access to paid sick days and leave."
  • June 15, 2009
    * Preliminary Analysis of Major Provisions Related to Health Insurance Coverage Under the Affordable Health Choices Act

    CBO: Preliminary Analysis of Major Provisions Related to Health Insurance Coverage Under the Affordable Health Choices Act, June 15, 2009. Letter to the Honorable Edward M. Kennedy.

  • "The attached table summarizes our preliminary assessment of the proposal’s budgetary effects and its likely impact on insurance coverage. According to that assessment, enacting the proposal would result in a net increase in federal budget deficits of about $1.0 trillion over the 2010–2019 period. Once the proposal was fully implemented, about 39 million individuals would obtain coverage through the new insurance exchanges. At the same time, the number of people who had coverage through an employer would decline by about 15 million (or roughly 10 percent), and coverage from other sources would fall by about 8 million, so the net decrease in the number of people uninsured would be about 16 million."
  • Affordable Health Choice Act of 2009 [615 pages, PDF]
  • June 13, 2009
    * Federal Reserve Transparency Act of 2009

    Federal Reserve Transparency Act of 2009, H.R. 1207 - To amend title 31, United States Code, to reform the manner in which the Board of Governors of the Federal Reserve System is audited by the Comptroller General of the United States and the manner in which such audits are reported, and for other purposes.

    June 10, 2009
    * CBO: Did the 2008 Tax Rebates Stimulate Short-Term Growth?

    Did the 2008 Tax Rebates Stimulate Short-Term Growth?, June 10, 2009 Economic and Budget Issue Brief

  • "In preparing its economic forecast published in September 2008, the Congressional Budget Office (CBO) estimated that 40 percent of the tax rebates issued in the spring and summer under the Economic Stimulus Act of 2008 (Public Law 110-185) would be spent within six
    months––raising the growth of consumption in the second and third quarters of 2008 by 2.3 percent and 0.2 percent, respectively, and reducing it by 1.0 percent in the fourth quarter, when the distribution of the rebates was expected to end. However, analysts disagree about the economic impact of tax rebates. This brief examines the issue in light of the evidence currently available."
  • Related postings on financial system
  • June 08, 2009
    * White House Roadmap to Recovery

    "Our Roadmap to Recovery initiative is an ambitious effort to reflect the commitments of your Cabinet members for a stepped up level of activity in implementing the Recovery Act in the next 100 days. We intend to deliver this increased pace at virtually every agency, and in countless programs. In this report, we have highlighted ten of these commitments and provided a graphic representation of where Americans can expect to see the Recovery Act in action across the country this summer."

  • Related postings on financial system
  • * USDA: Emerging Issues in the U.S. Organic Industry

    Emerging Issues in the U.S. Organic Industry, By Catherine Greene, Carolyn Dimitri, Biing-Hwan Lin, William McBride, Lydia Oberholtzer, and Travis Smith. Economic Information Bulletin No. (EIB-55) 36 pp, June 2009

  • Consumer demand for organic products has widened over the last decade. While new producers have emerged to help meet demand, market participants report that a supply squeeze is constraining growth for both individual firms and the organic sector overall. Partly in response to shortages in organic supply, Congress in 2008 included provisions in the Food, Conservation, and Energy Act (2008 Farm Act) that, for the first time, provide direct financial support to farmers to convert to organic production. This report examines recent economic research on the adoption of organic farming systems, organic production costs and returns, and market conditions to gain a better understanding of the organic supply squeeze and other emerging issues in this rapidly changing industry."
  • June 07, 2009
    * CBO Cost Estimate for American Clean Energy and Security Act of 2009

    "H.R. 2454, American Clean Energy and Security Act of 2009, as ordered reported by the House Committee on Energy and Commerce on May 21, 2009 would make a number of changes in energy and environmental policies largely aimed at reducing emissions of gases that contribute to global warming. The bill would limit or cap the quantity of certain greenhouse gases (GHGs) emitted from facilities that generate electricity and from other industrial activities over the 2012-2050 period. The Environmental Protection Agency (EPA) would establish two separate regulatory initiatives known as cap-and-trade programs—one covering emissions of most types of GHGs and one covering hydrofluorocarbons (HFCs). EPA would issue allowances to emit those gases under the cap-and-trade programs. Some of those allowances would be auctioned by the federal government, and the remainder would be distributed at no charge...CBO has determined that the non-tax provisions of H.R. 2454 contain intergovernmental and private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). Several of those mandates would require utilities, manufacturers, and other entities to reduce greenhouse gas emissions through cap-and-trade programs and performance standards. CBO estimates that the cost of mandates in the bill would well exceed the annual thresholds established in UMRA for intergovernmental and private-sector mandates (in 2009, $69 million and $139 million respectively, adjusted annually for inflation)."

  • Related postings on climate change
  • May 28, 2009
    * Toward A 21st Century Framework for Federal Government Privacy Policy

    Information Security and Privacy Advisory Board (ISPAB), Toward A 21st Century Framework for Federal Government Privacy Policy, May 2009

  • "[this]...report analyzes issues and makes recommendations around updating privacy law and policy in light of technological change. The Privacy Act of 1974 is the basis for much of the legal and policy framework by which the U.S. Government handles personal information. At the same time, vast changes in technology since 1974 have transformed how Federal agencies collect, use, and distribute information in major ways. While the fundamentals of the Act—the principles of fair information practices remain relevant and current, the letter of the Act and related law and policy may not reflect the realities of current technologies and information systems and do not protect against many important threats to privacy. Moreover, new technologies, not covered by the Act, are generating new questions and concerns; and government use of private‐sector databases now allows the collection and use of detailed personal information with little privacy protections. The attached report examines these issues, and is based on a record that has been developed through the Board’ having heard from numerous panels of experts for several years. The Board provides analysis and makes recommendations for the Administration and Congress to consider."
  • May 22, 2009
    * White House Fact Sheet: Reforms to Protect American Credit Card Consumers

    Fact Sheet: "Today, President Obama signs the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009, marking a turning point for American consumers and ending the days of unfair rate hikes and hidden fees. Americans need a healthy flow of credit in our economy, but for too long credit card contracts and practices have been unfairly and deceptively complicated, often leading consumers to pay more than they reasonably expect. Every year, Americans pay around $15 billion in penalty fees. Nearly 80 percent of American families have a credit card, and 44 percent of families carry a balance on their credit cards. To tackle these problems, the Administration moved swiftly with the Congress to enact reforms."

  • Related postings on financial system
  • May 20, 2009
    * Fact Sheets: Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act

    News release: "Today, President Obama...sign[ed] the Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act into law...The Helping Families Save Their Homes Act is an important step towards stabilizing and reforming our nation’s financial and housing markets – helping American homeowners and increasing the flow of credit during these difficult economic times. This legislation will strengthen our nation's housing sector and facilitate the goals of the Administration's Making Home Affordable Program by helping millions of American homeowners stay in their homes. The Fraud Enforcement and Recovery Act will protect the American people by giving the federal government new tools and resources to prevent fraud. This reform bill will help the federal government keep markets free and fair, so that American consumers can thrive."

  • Related postings on financial system
  • May 18, 2009
    * FHFA's First Report to Congress Details Annual Examinations of Fannie Mae, Freddie Mac and the Federal Home Loan Banks

    News release: "James B. Lockhart, Director of the Federal Housing Finance Agency (FHFA), today released FHFA’s first Report to Congress, detailing the findings of the agency’s 2008 annual examinations of Fannie Mae, Freddie Mac, the 12 Federal Home Loan Banks (FHLBanks), and the Office of Finance. The report is the first Report to Congress since FHFA was established by the Housing and Economic Recovery Act of 2008 (HERA), signed into law in July of 2008. A predecessor agency, the Office of Federal Housing Enterprise Oversight (OFHEO), previously published annual reports to Congress on Fannie Mae and Freddie Mac examinations."

  • FHFA's First Report to Congress Details Annual Examinations of Fannie Mae, Freddie Mac and the Federal Home Loan Banks, May 18, 2009
  • Related postings on financial system
  • May 14, 2009
    * Chairmen Rockefeller and Lautenberg Introduce National Surface Transportation Policy Bill

    News release: "Today, Senator John D. (Jay) Rockefeller, IV (D-WV), Chairman of the Senate Committee on Commerce, Science, and Transportation, and Senator Frank Lautenberg (D-NJ), Chairman of the Subcommittee on Surface Transportation, introduced The Federal Surface Transportation Policy and Planning Act of 2009. This important legislation establishes a comprehensive and unifying mission for the nation’s surface transportation system."

  • See also Federal Highway Administration, American Recovery and Reinvestment Act of 2009 Implementing Guidance (Updated April 1, 2009)
  • May 12, 2009
    * Council of Economic Advisors: Estimates of job creation from the American Recovery and Reinvestment Act of 2009

    White House Council on Economic Advisers, Estimates of Job Creation from the American Recovery and Reinvestment Act of 2009, May 2009: "The American Recovery and Reinvestment Act (ARRA) was designed to save and create jobs, as well as to cushion the economic downturn and make crucial public investments. At the time of passage, the Council of Economic Advisers (CEA) made estimates of the employment effects of the Act for the economy as a whole. As the money is being distributed by the various agencies, there is interest in estimates of the likely jobs effects of the individual pieces. Of course, as projects swing into action, the government will gather actual data on reported job creation. This report describes the estimating procedures used so far; specifies procedures to be used by recipients for estimating job creation going forward; discusses reporting requirements for job creation; and describes the procedures the CEA will use to evaluate the job creation and retention benefits of the ARRA going forward."

  • Related postings on financial system
  • May 06, 2009
    * Commerce and Interior Restore Scientific Consultations under the Endangered Species Act to Protect Species and their Habitats

    News release: "Secretary of Commerce Gary Locke and Secretary of the Interior Ken Salazar today announced that the two departments are revoking an eleventh-hour Bush administration rule that undermined Endangered Species Act (ESA) protections. Their decision requires federal agencies to once again consult with federal wildlife experts at the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration – the two agencies that administer the ESA – before taking any action that may affect threatened or endangered species."

    May 05, 2009
    * EPA Lays out a Plan for the Nation's Increase in Renewable Fuels

    News release: "The U.S. Environmental Protection Agency is proposing its strategy for increasing the supply of renewable fuels, poised to reach 36 billion gallons by 2022, as mandated by the Energy Independence and Security Act of 2007."

  • Renewable Fuel Standard Program (RFS2) Notice of Proposed Rulemaking: "EPA, under the Energy Independence and Security Act of 2007 is responsible for revising and implementing regulations to ensure that gasoline sold in the United States contains a minimum volume of renewable fuel. The Renewable Fuel Standard program will increase the volume of renewable fuel required to be blended into gasoline from 9 billion gallons in 2008 to 36 billion gallons by 2022. The new RFS program regulations are being developed in collaboration with refiners, renewable fuel producers, and many other stakeholders."
  • * Energy & Commerce Democrats Announce "Cash for Clunkers" Agreement

    "Chairman Henry A. Waxman, Subcommittee Chairman Edward J. Markey, Chairman Emeritus John D. Dingell, Congresswoman Betty Sutton, Congressman Jay Inslee, and Congressman Bart Stupak reached an agreement on a "Cash for Clunkers" program that will help the auto industry while cleaning our air. This agreement is based on H.R. 1550 [Consumer Assistance to Recycle and Save Act of 2009], introduced by Congresswoman Sutton, and H.R. 520, introduced by Congressman Inslee."

  • Fact Sheet: Cash for Clunkers
  • * New GAO Reports: Cyber Threats and Federal Systems, GAO Oversight
    • Information Security: Cyber Threats and Vulnerabilities Place Federal Systems at Risk, GAO-09-661T, May 5, 2009: "Cyber threats to federal information systems and cyber-based critical infrastructures are evolving and growing. These threats can be unintentional and intentional, targeted or nontargeted, and can come from a variety of sources, such as foreign nations engaged in espionage and information warfare, criminals, hackers, virus writers, and disgruntled employees and contractors working within an organization. Moreover, these groups and individuals have a variety of attack techniques at their disposal, and cyber exploitation activity has grown more sophisticated, more targeted, and more serious. As government, private sector, and personal activities continue to move to networked operations, as digital systems add ever more capabilities, as wireless systems become more ubiquitous, and as the design, manufacture, and service of information technology have moved overseas, the threat will continue to grow."
    • Recovery Act: GAO's Efforts to Work with the Accountability Community to Help Ensure Effective and Efficient Oversight, GAO-09-672T, May 5, 2009: "GAO is carrying out its responsibilities to review the uses of Recovery Act funds and will also target certain areas for additional review using a riskbased approach. GAO’s first bimonthly report examined the steps 16 states, the District of Columbia, and selected localities are taking to use and oversee Recovery Act funds. These states contain about 65 percent of the U.S. population and are estimated to receive about two-thirds of the intergovernmental grant funds available through the Recovery Act. GAO’s report made several recommendations to the Office of Management and Budget (OMB) toward improving accountability and transparency requirements; clarifying the Recovery Act funds that can be used to support state efforts to ensure accountability and oversight; and improving communications with Recovery Act funds recipients."
    • Related postings on financial system
    * EPA Does Not Provide Oversight of Radon Testing Accuracy and Reliability

    EPA OIG: "EPA does not perform oversight of radon testing device accuracy or reliability. The 1988 Indoor Radon Abatement Act required that EPA establish proficiency programs for firms offering radon-related services, including testing and mitigation. EPA established and operated proficiency programs until 1998, when it disinvested in these programs. According to Agency representatives, EPA has neither the authority nor resources to ensure radon testing devices and testing laboratories are accurate and reliable. EPA asserts that it shares oversight responsibility with States and industry, including the two national proficiency programs operating under private auspices. However, without oversight, EPA cannot assure that radon testing devices provide accurate data on indoor radon risks or that radon testing laboratories accurately analyze and report radon results." At a Glance | Report

    May 04, 2009
    * Treasury: Leveling the Playing Field: Curbing Tax Havens and Removing Tax Incentives for Shifting Jobs Overseas

    News release: "Today, President Obama and Secretary Geithner are unveiling two components [Fact Sheet and Backgrounder] of the Administration's plan to reform our international tax laws and improve their enforcement. First, they are calling for reforms to ensure that our tax code does not stack the deck against job creation here on our shores. Second, they seek to reduce the amount of taxes lost to tax havens – either through unintended loopholes that allow companies to legally avoid paying billions in taxes, or through the illegal use of hidden accounts by well-off individuals. Combined with further international tax reforms that will be unveiled in the Administration's full budget later in May, these initiatives would raise $210 billion over the next 10 years. The Obama Administration hopes to build on proposals by Senate Finance Committee Chairman Max Baucus and House Ways and Means Chairman Charles Rangel – as well as other leaders on this issue like Senator Carl Levin and Congressman Lloyd Doggett – to pass bipartisan legislation over the coming months."

  • Related postings on financial system
  • May 03, 2009
    May 02, 2009
    * Senate Passes Judiciary Committee-Reported Anti-Fraud Legislation

    "On Tuesday, April 28, the Senate overwhelmingly passed anti-fraud legislation that was reported earlier this year by the Senate Judiciary Committee. The Fraud Enforcement and Recovery Act was introduced on February 5 by Committee Members Patrick Leahy (D-Vt.), Chuck Grassley (R-Iowa), and Ted Kaufman (D-Del.). On February 11, the Committee held a hearing to consider the legislation. The Fraud Enforcement and Recovery Act was reported by the Committee on March 5. The Fraud Enforcement and Recovery Act of 2009 is also cosponsored by Committee Members Arlen Specter (R-Pa.), Charles Schumer (D-N.Y.), Richard Durbin (D-Ill.), Ben Cardin (D-Md.), Sheldon Whitehouse (D-R.I.), and Amy Klobuchar (D-Minn.). In total, nearly 30 senators have cosponsored the legislation."

    April 29, 2009
    * Treasury: Protecting American Credit Card Owners

    News release: "Today, Treasury Secretary Tim Geithner, joined by Congresswoman Carolyn Maloney, met with consumer groups, civil rights leaders and credit card consumers to discuss the national need for credit card reform. The discussion centered on the House Bill, Credit Card Holders Bill of Rights of 2009, (HR 627) which is set for a vote tomorrow and would significantly strengthen consumer protections in the credit card market."

  • WSJ: "President Barack Obama stepped up pressure to overhaul credit-card regulations, targeting banks and card issuers that are boosting fees and tightening lending during the recession. After meeting with industry executives at the White House on Thursday, Mr. Obama said consumer protections have "been out of balance" with credit-card companies' interests. He said his administration would work with lawmakers to shape legislation."
  • Related postings on financial system
  • April 28, 2009
    * NYCStat Stimulus Tracker

    News release: "With the NYCStat Stimulus Tracker, New Yorkers can track the City’s use of federal stimulus/recovery funds provided through the American Recovery and Reinvestment Act of 2009 (ARRA). This funding includes federal tax cuts, expansion of unemployment benefits and other social welfare provisions, and domestic spending in education, health care, energy efficiency and infrastructure. The stimulus money for New York City will be used to ensure continued vital City services, provide assistance to New Yorkers in need, and stimulate the City’s economy."

  • Related postings on financial system
  • April 26, 2009
    * New GAO Reports: Defense Acquisitions, Environmental Satellites, Recovery Act, Foreign Aid Reform, Transportation Security

  • Defense Acquisitions: Actions Needed to Ensure Value for Service Contracts, GAO-09-643T, April 23, 2009.
  • Geostationary Operational Environmental Satellites: Acquisition Has Increased Costs, Reduced Capabilities, and Delayed Schedules, GAO-09-596T, April 23, 2009
  • Recovery Act: As Initial Implementation Unfolds in States and Localities, Continued Attention to Accountability Issues Is Essential, GAO-09-631T, April 23, 2009
  • Recovery Act: As Initial Implementation Unfolds in States and Localities, Continued Attention to Accountability Issues Is Essential, GAO-09-580, April 23, 2009
  • Related postings on the American Recovery and Reinvestment Act of 2009 (Recovery Act)
  • Improper Payments: Progress Made but Challenges Remain in Estimating and Reducing Improper Payments, GAO-09-628T, April 22, 2009
  • Commercial Aviation: Airline Industry Contraction Due to Volatile Fuel Prices and Falling Demand Affects Airports, Passengers, and Federal Government Revenue, GAO-09-393, April 21, 2009
  • Foreign Aid Reform: Comprehensive Strategy, Interagency Coordination, and Operational Improvements Would Bolster Current Efforts, GAO-09-192, April 17, 2009
  • Geostationary Operational Environmental Satellites: Acquisition Is Under Way, but Improvements Needed in Management and Oversight, GAO-09-323, April 02, 2009
  • Transportation Security: Comprehensive Risk Assessments and Stronger Internal Controls Needed to Help Inform TSA Resource Allocation, GAO-09-492, March 27, 2009
  • April 22, 2009
    * President Obama, Secretary Salazar Announce Framework for Renewable Energy Development on the U.S. Outer Continental Shelf

    News release: "Today, in an Earth Day speech at a wind turbine tower manufacturing plant, President Barack Obama announced that the Department of the Interior has finalized a long-awaited framework for renewable energy production on the U.S. Outer Continental Shelf (OCS). The framework establishes a program to grant leases, easements, and rights-of-way for orderly, safe, and environmentally responsible renewable energy development activities, such as the siting and construction of off-shore wind farms, on the OCS...In addition to establishing a process for granting leases, easements, and rights-of-way for offshore renewable energy development, the new program also establishes methods for sharing revenues generated from OCS renewable energy projects with adjacent coastal States. Additionally the framework will enhance partnerships with Federal, state, and local agencies and tribal governments to assist in maximizing the economic and ecological benefits of OCS renewable energy development. The Final Framework has been submitted to the Federal Register, and is available online."

    April 20, 2009
    * Health Information Technology for Economic and Clinical Health Breach Notification Guidance

    News release: "On April 17, 2009, HHS issued guidance specifying the technologies and methodologies that render protected health information unusable, unreadable, or indecipherable to unauthorized individuals, as required by the Health Information Technology for Economic and Clinical Health (HITECH) Act passed as part of the American Recovery and Reinvestment Act of 2009 (ARRA). This guidance was developed through a joint effort by OCR, the Office of the National Coordinator for Health Information Technology (ONC), and the Centers for Medicare and Medicaid Services (CMS)."

  • House Committee on Science and Technology - website on the Health Information Technology for Economic and Clinical Health Act (HITECH Act)
  • * 21st Century Energy Technology Deployment Act

    News release: "[April 17, 2009] the Senate Energy and Natural Resources Committee posted to its website a joint discussion draft and summary for the “21st Century Energy Technology Deployment Act.” {CEDA] This proposal, put forward by the bipartisan Committee staff, seeks to improve the loan guarantee program at the Department of Energy and to provide additional options for deploying energy technologies. The basis of the bill is to shore up the existing program at DOE, then transition to a new financially-focused agency to perform and expand upon the duties of the program."

  • CEDA Summary: "The 21st Century Energy Technology Deployment Act will implement a series of reforms to the existing Department of Energy (DOE) loan guarantee program, including creating a new “Clean Energy Investment Fund” to allow collected costs and payments be used to support more technology deployment. The bill would also create a new entity housed in DOE, the Clean Energy Deployment Administration (CEDA), with strong financial expertise and with a specific purpose to create an attractive investment environment for the development and deployment new clean energy technologies. Once the Secretary and the Administrator of CEDA agree it is ready, the Clean Energy Investment Fund becomes the seed fund for the new entity."
  • CEDA Joint Discussion Draft
  • * Landmark Agriculture and Open Space Conservation Bill Introduced

    News release: "...Congressmen Mike Thompson (D-CA) and Eric Cantor (R-VA) introduced the Conservation Easement Incentive Act, H.R. 1831. This bill will aid in the protection of millions of acres of the nation’s agricultural lands and open spaces. H.R. 1831 makes permanent an expiring incentive that allows modest-income landowners to receive significant tax deductions for donating conservation easements that permanently protect important natural or historic resources on their lands...“If current development trends continue in California, another two million acres will be paved over by 2050. It’s time we made these protections permanent. By making sure that landowners can count on these enhanced tax benefits, we’ll take a big step forward in preserving our agricultural lands and keeping our environment safe from overdevelopment.”

    April 16, 2009
    * New GAO Reports: Maritime Security, Superfund, SBA and American Recovery and Reinvestment Act
    • Small Business Administration's Implementation of Administrative Provisions in the American Recovery and Reinvestment Act, GAO-09-507R, April 16, 2009
    • Maritime Security: Vessel Tracking Systems Provide Key Information, but the Need for Duplicate Data Should Be Reviewed, GAO-09-337, March 17, 2009
    • Superfund: Greater EPA Enforcement and Reporting Are Needed to Enhance Cleanup at DOD Sites, GAO-09-278, March 13, 2009
    April 14, 2009
    * CRS: The Global Financial Crisis: Analysis and Policy Implications

    The Global Financial Crisis: Analysis and Policy Implications, Dick K. Nanto, Coordinator, Specialist in Industry and Trade, April 3, 2009.

  • "What began as a bursting of the U.S. housing market bubble and a rise in foreclosures has ballooned into a global financial and economic crisis. The world now appears to have entered a global recession that is causing widespread business contraction, increases in unemployment, and shrinking government revenues. Some of the largest and most venerable banks, investment houses, and insurance companies have either declared bankruptcy or have had to be rescued
    financially. The world is facing the worst economic conditions since the great depression. Nearly all industrialized countries and many emerging and developing nations have announced economic stimulus and/or financial sector rescue packages, such as the American Recovery and Reinvestment Act of 2009 (H.R. 1, P.L. 111-5). Several countries have resorted to borrowing from the International Monetary Fund as a last resort. The crisis has exposed fundamental weaknesses
    in financial systems worldwide, demonstrated how interconnected and interdependent economies are today, and has posed vexing policy dilemmas for governments."
  • Related postings on financial system
  • * American Recovery and Reinvestment Act of 2009: Oversight Challenges Facing the Department of Transportation

    DOT OIG - American Recovery and Reinvestment Act of 2009: Oversight Challenges Facing the Department of Transportation

  • "On March 31, we issued our report on oversight challenges facing the Department of Transportation with the implementation of the American Recovery and Reinvestment Act (ARRA) of 2009. The objective of this audit was to highlight key DOT oversight challenges–based on prior OIG reports and other agencies’ relevant audit work–and identify actions DOT should take now in support of ARRA requirements. Our report condensed the challenges into the following 10 focus areas where DOT must exhibit sustained and effective actions related to providing oversight to grantees receiving ARRA funding; implementing new requirements and programs mandated by ARRA; and preventing fraud, waste, and abuse: (1) acquire sufficient personnel with relevant expertise to oversee grantees; (2) adhere to existing Federal requirements for programs funded under ARRA; (3) evaluate the credibility and completeness of cost and schedule estimates; (4) oversee grantees’ contracting management activities and ensure selection of appropriate contract types; (5) address internal control weaknesses and identify unused funds for use on other eligible projects; (6) implement new ARRA tracking and reporting requirements that are designed to promote accountability and transparency; (7) develop comprehensive plans and sound criteria for the new discretionary grant and passenger rail programs created by ARRA; (8) develop appropriate oversight strategies for the new programs created by ARRA by drawing lessons from DOT’s Operating Administrations; (9) enhance understanding among DOT staff, grantees, and their contractors on how to recognize, prevent, and report potential fraud; and (10) take timely and effective action to suspend and/or debar individuals or firms that have defrauded the Department so they do not receive Federal contracts in the future.
  • Related postings on financial system
  • April 12, 2009
    * Official Version: American Recovery and Reinvestment Act of 2009

    Public Law 111–5, 111th Congress, 123 STAT. 115, Feb. 17, 2009 [H.R. 1] American Recovery and Reinvestment Act of 2009. 407 pages, PDF

  • "An Act Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes.
  • Related postings on the American Recovery and Reinvestment Act of 2009
  • Related postings on the financial system
  • April 11, 2009
    * Census Bureau Submits to Congress Proposed Recovery Plan to Help Create Jobs and Conduct a Successful 2010 Census

    News release: "The U.S. Census Bureau today submitted to Congress its proposed recovery plan to create jobs, strengthen the economy and conduct a successful 2010 Census. Under the American Recovery and Reinvestment Act, the Census Bureau was provided $1 billion....Under the proposal, the Census Bureau will invest $250 million in partnership and outreach efforts to minority communities and hard-to-reach populations. This effort is intended to promote participation in the census, which will improve accuracy and facilitate enumeration operations in 2010. The remaining $750 million will be committed to support early 2010 Census operations that will reduce operational and programmatic risks at a critical stage of the census process. More than $300 billion in federal funds are distributed every year based on census results. This funding supports vital local services like health care, schools, law enforcement, transportation and social services.

  • Related postings on financial recovery
  • * Community Groups to Receive $1 Billion Boost From Recovery Act

    News release: "The U.S. Department of Health and Human Services (HHS) today announced plans to make $1 billion available for the Community Services Block Grant (CSBG) program. Funded by the American Recovery and Reinvestment Act, the new resources will be allocated to states across the country. States will distribute the new funding to community groups that help Americans through tough economic times...Under the Recovery Act, organizations receiving CSBG funding must use the resources to help get our economy back on track. Funds must be used to reduce poverty, revitalize low-income communities, and assist low-income families become self-sufficient. Eligible entities use funds to provide services and activities addressing employment, education, housing, nutrition, and emergency services to combat the central causes of poverty...The $1 billion in new funds under the Recovery Act is in addition to CSBG's regular annual operating budget of approximately $700 million. See a state-by-state description of CSBG Recovery Act funding here."

  • Related postings on financial system
  • * State websites explain how they are spending funds allocated by the Recovery Act

    "When President Obama signed the American Recovery and Reinvestment Act into law on February 17, 2009, it marked the beginning of a 45-day window for each state to claim the funds allocated to it by the act. In order to receive funds from the ARRA, governors have 45 days to certify that they will first of all "request and use" funds from the ARRA and second of all use them to create jobs and promote economic growth. If a governor does not accept funds allocated to his or her state before that window expires, the state's legislature then has the option of certifying those two conditions itself."

  • Check out the list...to see which states have accepted funds and examine the certifications they have submitted. This list will expand as more states issue their responses, so check back often."
  • April 10, 2009
    * Campaign for Reader Privacy

    News release: "Organizations representing booksellers, librarians, publishers, and writers today launched the latest phase in their five-year campaign to restore the reader privacy safeguards that were stripped away by the USA Patriot Act. Since 2003, the Department of Justice has used its expanded power under the Patriot Act to issue more than 200 secret search orders under Section 215 and more than 190,000 National Security Letters (NSLs). Despite several efforts to reform the Patriot Act, the FBI can still search any records it believes are "relevant" to a terrorism investigation, including the records of people who are not suspected of criminal conduct."

  • Restoring Safeguards for Reader Privacy Eliminated by the USAPatriot Act: An Appeal to Congress by the Campaign for Reader Privacy; April 7, 2009
  • * Brookings: Metro Potential in ARRA: An Early Assessment of the American Recovery and Reinvestment Act

    Metro Potential in ARRA: An Early Assessment of the American Recovery and Reinvestment Act, The Brookings Institution, March 30, 2009

  • "America’s national economic crisis is also a metropolitan crisis, because metropolitan areas are the true engines of the national economy. Home to 65 percent of the U.S. population, the largest 100 metropolitan areas alone account for three quarters of the nation’s gross domestic product (GDP)...Strictly speaking, there is no single U.S. economy, but rather a tightly linked network of metropolitan economies. And that is why it matters intensely how well efforts to revive the nation’s economy—including the American Recovery and Reinvestment Act (ARRA)—empower metropolitan leaders to marshal their given resources to boost prosperity. To produce real prosperity local leaders require rich stocks of the fundamental “drivers” of productive growth—key innovation inputs, cutting-edge infrastructure, abundant human capital, and quality places. But metropolitan actors also need the discretion and power to aggregate, link, and coordinate those drivers to maximize their impact. Therefore, it is a matter of both national and local concern to consider how ARRA, aka the “stimulus” package, will affect U.S. metropolitan areas, and to assess how easily—or not—its multiple funding flows may be utilized to bolster metro efforts to get the economy moving. This report probes those questions by providing an initial overview of the intent, approach, and content of ARRA from the point of view of metropolitan America."
  • * FCC Launches Development of National Broadband Plan

    News release: "The Federal Communications Commission today begins the process of developing a national broadband plan that will seek to ensure that every American has access to broadband capability. In the American Recovery and Reinvestment Act of 2009 – known as the stimulus package – Congress charged the Commission with creating a national broadband plan. In a Notice of Inquiry adopted [April 8, 2009], the Commission begins a proceeding to create that national broadband plan, seeking input from all stakeholders: consumers, industry, large and small businesses, non-profits, the disabilities
    community, governments at the federal, state, local and tribal levels, and all other interested parties. The Commission must deliver the plan to Congress by Feb. 17, 2010. It will provide a roadmap toward achieving the goal of ensuring that all Americans reap the benefits of broadband."

    April 05, 2009
    * Senate Staff Working Draft of Cybersecurity Act of 2009

    CDT: "A cybersecurity bill introduced April 01, 2009 in the Senate would give the federal government extraordinary power over private sector Internet services, applications and software. The Cybersecurity Act of 2009 would, for example, give the President unfettered power to shut down Internet traffic in emergencies or disconnect any critical infrastructure system or network on national security grounds. The bill would grant the Commerce Department the ability to override all privacy laws to access any information about Internet usage in connection with a new role in tracking cybersecurity threats. The bill, introduced by Sens. John Rockefeller and Olympia Snowe, would also give the government unprecedented control over computer software and Internet services, threatening innovation, freedom and privacy. CDT President and CEO Leslie Harris said, "The cybersecurity threat is real, but such a drastic federal intervention in private communications technology and networks could harm both security and privacy."

  • Cybersecurity Act of 2009, April 01, 2009: "To ensure the continued free flow of commerce within the United States and with its global trading partners through secure cyber communications, to provide for the continued development and exploitation of the Internet and intranet communications for such purposes, to provide for the development of a cadre of information technology specialists to improve and maintain effective cyber security defenses against disruption, and for other purposes."
  • Bill Creating a White House Cybersecurity Advisor, April 01, 2009

  • March 25, 2009
    * Treasury Proposes Legislation for Resolution Authority

    News release: "Treasury Secretary Timothy Geithner on Monday called for new legislation granting additional tools to address systemically significant financial institutions that fall outside of the existing resolution regime under the FDIC. A draft bill will be sent to Congress this week...The legislative proposal would fill a significant void in the current financial services regulatory structure and is one piece of a comprehensive regulatory reform strategy that will mitigate systemic risk, enhance consumer and investor protection, while eliminating gaps in the regulatory structure."

  • Related postings on financial system
  • March 23, 2009
    * GPO Plan for Transparency and Open Government

    "GPO is releasing the Public Printer's Letter to President Obama regarding transparency and open Government. The letter offers GPO's support in helping to implement the President's initiative leveraging the Federal Digital System (FDsys). Five goals with accompanying actions were provided that GPO is prepared to undertake to help implement the President's initiative."

    March 22, 2009
    * Labor Department’s Senior Community Service Employment Program grantees to receive more than $118 million under Recovery Act

    News release: "The U.S. Department of Labor has issued policy guidance to grantees of the Senior Community Service Employment Program (SCSEP) for the implementation of an additional $118,800,000 under the American Recovery and Reinvestment Act of 2009 (Recovery Act). This critical investment is designed to increase services and training for unemployed, low-income seniors, and to invigorate and advance prosperity in the communities where they live."

  • Related postings on financial system
  • March 21, 2009
    * Columbia Journalism Review: FOIA’s Hidden Exemptions

    Follow up to March 19, 2009 - New Attorney General Guidelines on FOIA Released - CJR: "In a bit of Congressional commemoration, Democratic Senator Patrick Leahy of Vermont and John Cornyn, his Texan Republican colleague, have introduced S. 612, new legislation that would require any new b(3) exemptions to specifically reference the Freedom of Information Act, so that these exemptions would be easier to spot. The senators have frequently collaborated on legislation designed to improve FOIA, and this is the third consecutive Sunshine Week in which Cornyn and Leahy have introduced this legislation. In 2007, it passed the Senate unanimously...Because the law only applies to future b(3) exemptions that Congress might write, it does nothing to address those already in the US Code. Like Title 7, Chapter 77, Sec 4608, Subsection G, Paragraph 1, which protects certain information about honeybee handlers, or Title 7, Chapter 80, Section 4908, Subsection c, which does something similar for watermelon producers and handlers submitting information quantifying the size of their business in order to participate in the National Watermelon Promotion Board."

    March 19, 2009
    * AIG Employee Contracts Released by House Committee on Financial Services

    News release: "During the House Financial Services Subcommittee meeting today, American International Group’s Impact on the Global Economy: Before, During, and After Federal Intervention, Rep. Barney Frank discussed the AIG employee contracts."

    March 18, 2009
    * VP Biden Annnounces Release of Nearly $100 Million in Recovery Act Funding to Support Senior Nutrition Programs

    News release: "Vice President Joe Biden announced today that the Department of Health and Human Services will award $100 million in Recovery Act funding to provide meals to tens of thousands of low-income older Americans in need. The funding is expected to provide nearly 14 million meals nationwide...The [American Recovery and Reinvestment Act of 2009] provides $65 million for congregate nutrition services provided at senior centers and other community sites, $32 million for home delivered nutrition services delivered to frail elders at home and $3 million for Native American nutrition programs. The funding will be awarded to 56 states and territories and 246 tribes and Native Hawaiian organizations. States will award the funds to organizations that provide nutrition services in their communities."

  • Related postings on financial system
  • March 15, 2009
    * List Of Expiring Federal Tax Provisions 2008-2020

    Joint Committee on Taxation: JCX-20-09 (March 09, 2009) List Of Expiring Federal Tax Provisions 2008-2020

    March 12, 2009
    * Searchable Version of Emergency Economic Stabilization Act of 2008

    askSam: "This database contains a complete text of the American Recovery and Reinvestment Act of 2009 also known as the Stimulus Bill or Bailout Bill. It was formerly referred to as the Economic Stimulus Act. This database is fully searchable by division, title, section, and keyword. The American Recovery and Reinvestment Act of 2009 ("Stimulus Bill", Pub.L. 111-5, H.R. 1, S. 1) is an Act of Congress enacted by the 111th United States Congress and signed into law by President Barack Obama on February 17, 2009."

    March 11, 2009
    * ACLU Releases Report On Patriot Act Abuses

    News release: "The American Civil Liberties Union released a comprehensive report today examining widespread abuses that have occurred under the USA Patriot Act, a law that was rushed through Congress just 45 days after September 11. In the almost eight years since the passage of the controversial national security law, the Patriot Act has led to egregious government misconduct."

  • Reclaiming Patriotism: A Call to Reconsider the Patriot Act, Published March 2009
  • March 10, 2009
    * Will Raw Data Feeds on Congressional Activities Finally Reach the Public Domain?

    Mother Jones: "By slipping a simple, three-sentence provision into the gargantuan spending bill passed by the House of Representatives last week, a congressman from Silicon Valley is trying to nudge Congress into the 21st Century. Rep. Mike Honda (D-Calif.) placed a measure in the bill directing Congress and its affiliated organs—including the Library of Congress and the Government Printing Office—to make its data available to the public in raw form. This will enable members of the public and watchdog groups to craft websites and databases showcasing government data that are more user-friendly than the government's own."

    March 09, 2009
    * Memo for Heads of Executive Departments and Agencies on Presidential Signing Statements

    Follow up to related postings on presidential signing statements, today's memo from the White House:

  • "In recent years, there has been considerable public discussion and criticism of the use of signing statements to raise constitutional objections to statutory provisions. There is no doubt that the practice of issuing such statements can be abused. Constitutional signing statements should not be used to suggest that the President will disregard statutory requirements on the basis of policy disagreements. At the same time, such signing statements serve a legitimate function in our system, at least when based on well-founded constitutional objections. In appropriately limited circumstances, they represent an exercise of the President's constitutional obligation to take care that the laws be faithfully executed, and they promote a healthy dialogue between the executive branch and the Congress. With these considerations in mind and based upon advice of the Department of Justice, I will issue signing statements to address constitutional concerns only when it is appropriate to do so as a means of discharging my constitutional responsibilities."
  • March 07, 2009
    * American Library Association: American Recovery and Reinvestment Act 101

    ARRA 101: "Completing the American Recovery and Reinvestment Act was a long and arduous process for the Obama Administration and the new Congress. Now that President Obama has signed the bill into law, our nation can begin the journey of restoring our economic stability through the programs and initiatives this law will make possible.

    Throughout the process of creating this law, the library community demonstrated a steadfast commitment to the American public by working to inform our leaders in Washington about the programs and services libraries across the country are providing to help America get back to work, such as assistance with resume building and online job searching as well as free classes to teach the public 21st century job skills.

    With many opportunities available to libraries through the stimulus bill, the library community must continue our efforts to educate our elected officials on the benefits of investing in libraries – focusing now on the state level."

    March 06, 2009
    * Congressional Oversight Panel Releases Oversight Report on Foreclosure Mitigation

    "March 6, 2009, the Congressional Oversight Panel released its March Oversight Report, The Foreclosure Crisis: Working Toward a Solution.

  • "Like the crisis in the banking system, the foreclosure problem has grown so large that it threatens the entire economy. Foreclosures are depressing housing and commercial real estate prices throughout the country, imposing costs on those who are not even a party to the mortgage transaction through lower tax revenues, increased crime and depressed home prices. The Emergency Economic Stabilization Act of 2008 required the Panel to look into the current state of the foreclosure crisis and gauge the adequacy of current programs to address the crisis. The Panel’s report examines the causes of the foreclosure crisis and the impediments to its resolution and develops a checklist that provides a roadmap for foreclosure mitigation program success."
  • Related postings on financial system
  • March 05, 2009
    * New GAO Reports: 2010 Census Systems, American Recovery and Reinvestment Act, EPA Management Challenges, Climate Change,
    • Information Technology: Census Bureau Testing of 2010 Decennial Systems Can Be Strengthened, GAO-09-262, March 05, 2009
    • Information Technology: Census Bureau Testing of 2010 Decennial Systems Can Be Strengthened, GAO-09-414T, March 05, 2009
    • American Recovery and Reinvestment Act: GAO's Role in Helping to Ensure Accountability and Transparency, GAO-09-453T, March 05, 2009
    • 2010 Census: Little Time Remains to Address Operational Challenges, GAO-09-408T, March 05, 2009
    • Environmental Protection Agency: Major Management Challenges, GAO-09-434, March 04, 2009
    • Climate Change: Observations on the Potential Role of Carbon Offsets in Climate Change Legislation, GAO-09-456T, March 05, 2009
    • NASA: Projects Need More Disciplined Oversight and Management to Address Key Challenges, GAO-09-436T, March 05, 2009
    • Systemic Risk: Regulatory Oversight and Recent Initiatives to Address Risk Posed by Credit Default Swaps, GAO-09-397T, March 05, 2009
    • DOD Business Transformation: Status of DOD's Actions on Previous Recommendations for the Defense Travel System, GAO-09-416T, March 05, 2009
    March 04, 2009
    * International Women's Day 2009

    OECD: "Every year, the 8th of March marks a major day of global celebration for the economic, political and social achievements of women - and offers an occasion to present the work of the Development Centre in the area of gender equality."

  • "The new and improved Gender, Institutions and Development Database 2009 will offer latest statistics on social norms and traditions impacting on gender equality. Detailed country notes will provide in-depth information on the situation of women and men around the world. In addition, a composite index of gender equality will allow comparing and ranking countries in the area of social institutions, while new graphical tools will help to visualise data. International Women’s Day will also see the launch of Wikigender Version 2, offering many new features to explore and opportunities to discuss information on gender equality."
  • March 03, 2009
    * Estimated Macroeconomic Impacts of the American Recovery and Reinvestment Act of 2009

    Estimated Macroeconomic Impacts of the American Recovery and Reinvestment Act of 2009, March 2, 2009. Letter to the Honorable Charles E. Grassley. Difference Between Potential GDP in CBO’s Baseline and Actual GDP Without and With the Impact of the American Recovery and Reinvestment Act of 2009 (Pct. difference in 4th qtr. of each yr.)

  • "By CBO’s estimation, in the short run ARRA will raise GDP and increase employment by adding to aggregate demand and thereby boosting the utilization of labor and capital that would otherwise be unused because the economy is in recession. Most of the budgetary effects of the legislation are estimated to occur over the next few
    years, and as those effects diminish, the short-run impact on the economy will fade."
  • Related postings on the American Recovery and Reinvestment Act of 2009
  • March 01, 2009
    * State and Federal Resources on the Stimulus Package
    * New Rules Would Bar Genetic Discrimination

    Workforce Management: "Employers would be prohibited from making hiring, firing and other personnel decisions on the basis of workers’ genetic predisposition to a disease under rules to be proposed this week by the Equal Employment Opportunity Commission. The proposals, which are open for public comment over the next two months, also would bar employers from deliberately acquiring genetic information from employees and job applicants...In addition, employers would be restricted from disclosing genetic information about workers and applicants. Violators would be subject to compensatory and punitive damages under some circumstances."

    • Meeting of February 25, 2009 - on Notice of Proposed Rulemaking Implementation of Title II of the Genetic Information Non-Discrimination Act of 2008, Statement of Christopher J. Kuczynski, J.D., LL.M., Assistant Legal Counsel, ADA Policy Division
    • Genetic Information Nondiscrimination Act of 2008 (GINA) - H.R.493, Became Public Law No: 110-233 on May 21, 2008

    February 24, 2009
    * Record Home Price Declines in Fourth Quarter; Isolated Pockets of Strength

    "U.S. home prices posted record declines in the fourth quarter of 2008 according to the Federal Housing Finance Agency’s House Price Index (HPI). The FHFA seasonally-adjusted purchase-only house price index, based on data from home sales, was 3.4 percent lower on a seasonally-adjusted basis in the fourth quarter than in the third quarter. This decline was greater than the 2.0 percent decline in the third quarter and the largest in the purchase-only index’s 18-year history. Over the past year, seasonally-adjusted prices fell 8.2 percent from the fourth quarter of 2007 to the fourth quarter of 2008."

    February 21, 2009
    * American Recovery and Reinvestment Act: Where Is Your Money Going?

    Where is your money going? "The American Recovery and Reinvestment Act targets investments towards key areas that will save or create good jobs immediately, while also laying the groundwork for long-term economic growth. The charts and numbers below give you an idea of where the money is going. Over the upcoming months, we will provide more information on the distribution of funding by Federal agencies. In order to give small businesses and Americans across the country a chance to apply for recovery dollars to create and save jobs, some funding may not be distributed until this summer. New information on the allocation of funds will be posted on Recovery.gov as it becomes available."

    February 19, 2009
    * Annex - U.S.- Canada clean energy dialogue

    Annex – U.S.- Canada clean energy dialogue, 19 February 2009, Ottawa, Ontario: "...The United States and Canada are collaborating on energy research related to advanced biofuels, clean engines, and energy efficiency. In order to address the energy and environmental challenges that we face together, the two nations agreed to expand collaboration in these and other key areas of energy science and technology...The United States will draw from the $3.4 billion for carbon capture and sequestration demonstrations in the American Recovery and Reinvestment Act. Canada’s Economic Action Plan establishes a $1 billion Clean Energy Fund which builds on Canada’s previous investments in carbon capture and sequestration."

    February 16, 2009
    * White House Posts American Recovery and Reinvestment Act of 2009

    See this White House webpage which in turn links to the final version, published in the Congressional Record version (PDF) - The American Recovery and Reinvestment Act of 2009, inclusive of an online "form on the right to leave your comments, thoughts, and ideas." Required data: email address and name. Comments are limited to 5,000 characters.

  • Related postings on the American Recovery and Reinvestment Act of 2009
  • Related postings on the financial system
  • February 15, 2009
    * Stimulus Bill Includes Clear Directive on Executive Compensation

    Follow up to February 4, 2009 posting, Treasury Announces New Restrictions On Executive Compensation , from ProPublica, Stimulus Bill Limits TARP Exec Pay: "...tucked into the 1,071-page bill [H.R. 1, the American Recovery and Reinvestment Act of 2009] is a twelve-page section that goes much further than any limits imposed by the Bush administration or even contemplated by the Obama administration" [on executive compensation and corporate governance].

    * ProPublica - The Stimulus Plan: A Detailed List of Spending

    The Stimulus Plan: A Detailed List of Spending by Michael Grabell and Christopher Weaver, ProPublica: "The appropriations section of the bill details spending in excess of $311 billion for programs ranging from Pell grants for college students to clean water in central Utah to nearly $100 billion in new transportation and infrastructure projects. Here’s our earlier chart comparing the differences between the House, Senate, and conference versions of the bills."

  • Related postings on financial system and American Recovery and Reinvestment Act of 2009
  • February 14, 2009
    * HR1: The American Recovery and Reinvestment Act of 2009 (stimulus bill)

    Via THOMAS: HR1: The American Recovery and Reinvestment Act of 2009 (stimulus bill)

  • New York Times - Stimulus Plan Places New Limits on Wall St. Bonuses: "The restriction with the most bite would bar top executives from receiving bonuses exceeding one-third of their annual pay. Any bonus would have to be in the form of long-term incentives, like restricted stock, which could not be cashed out until the TARP money was repaid in full.
  • WSJ: Financial Firms Race to Reset Compensation Policies as U.S. Government Aims to Set Some Limits
  • Related postings on financial system
  • Obama to sign stimulus Tuesday in Denver
  • * Passage of the American Recovery and Reinvestment Act

    White House: "Today President Obama is celebrating the passage [Senate approved HR 1 by a 60-to-38 vote, House approved the compromise bill by a 246-to 183 vote] of the American Recovery and Reinvestment Act as a "major milestone on our road to recovery," while still emphasizing that we have many miles yet to go...President Obama acknowledges that some people are skeptical about the plan given how Washington has performed in the past, which is why he's encouraging people to check back at Recovery.gov -- the site where, once the plan is in action, you'll be able to track the funds."

  • Related postings on financial system
  • February 13, 2009
    * Complete Conference Report, H. Rep. 111-16, to H.R. 1, the American Recovery and Reinvestment Act of 2009

    The Legislative Source Book of the Law Librarians' Society of Washington, DC (LLSDC) now has a 1.5 MB file, in PDF, of the complete Conference Report, H. Rep. 111-16, to H.R. 1, the American Recovery and Reinvestment Act of 2009, which has been taken and combined from five Congressional Record (50 page) files on GPO Access (210 pages all together). [thanks to Rick McKinney]

  • Related postings on American Recovery and Reinvestment Act of 2009
  • Related postings on financial system
  • * CBO Cost estimate for the conference agreement for H.R. 1

    H.R. 1, American Recovery and Reinvestment Act of 2009, February 13, 2009. Cost estimate for the conference agreement for H.R. 1: "Combining both spending and revenue effects, CBO estimates that enacting the conference agreement for H.R. 1 would increase federal budget deficits by $185 billion over the remaining months of fiscal year 2009, by $399 billion in 2010, by $134 billion in 2011, and by $787 billion over the 2009-2019 period."

  • Related postings on American Recovery and Reinvestment Act of 2009
  • Related postings on financial system
  • February 11, 2009
    * Judiciary Cmte. Hearing: The Need for Increased Fraud Enforcement in the Wake of the Economic Downturn

    February 11, 2009 - The Need for Increased Fraud Enforcement in the Wake of the Economic Downturn, John S. Pistole, Deputy Director, FBI, Before the Senate Judiciary Committee Hearing

  • "Fraud Trends: The current financial crisis has produced one unexpected consequence: it has exposed prevalent fraud schemes that have been thriving in the global financial system. These fraud schemes are not new but they are coming to light as a result of market deterioration. For example, current market conditions have helped reveal numerous mortgage fraud, Ponzi schemes and investment frauds, such as the Bernard Madoff alleged scam. These schemes highlight the need for law enforcement and regulatory agencies to be ever vigilant of White Collar Crime both in boom and bust years. The FBI has experienced and continues to experience an exponential rise in mortgage fraud investigations. The number of open FBI mortgage fraud investigations has risen from 881 in FY 2006 to more than 1,600 in FY 2008. In addition, the FBI has more than 530 open corporate fraud investigations, including 38 corporate fraud and financial institution matters directly related to the current financial crisis. These corporate and financial institution failure investigations involve financial statement manipulation, accounting fraud and insider trading. The increasing mortgage, corporate fraud, and financial institution failure case inventory is straining the FBI's limited White Collar Crime resources."

  • February 07, 2009
    * WSJ: Bailout to Expand Fed, FDIC Roles

    WSJ: "Treasury Secretary Timothy Geithner's revamp of the $700 billion financial-sector bailout is likely to rely on a broad range of tools, from injecting additional capital into banks and helping homeowners avoid foreclosure to expanding the roles of the Federal Reserve, Fannie Mae, Freddie Mac and the Federal Deposit Insurance Corp., according to people familiar with the matter."

  • WSJ: Senate Reaches $780 Billion Compromise Package Democrats and GOP Moderates Negotiate a Leaner Plan; Housing and Auto Tax Breaks Could Push the Total to $820 Billion
  • Related postings on financial system
  • February 06, 2009
    * Notice Concerning the Lilly Ledbetter Fair Pay Act of 2009

    EEOC: "On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (“Act”), which supersedes the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007). Ledbetter had required a compensation discrimination charge to be filed within 180 days of a discriminatory pay-setting decision (or 300 days in jurisdictions that have a local or state law prohibiting the same form of compensation discrimination). The Act restores the pre-Ledbetter position of the EEOC that each paycheck that delivers discriminatory compensation is a wrong actionable under the federal EEO statutes, regardless of when the discrimination began. As noted in the Act, it recognizes the “reality of wage discrimination” and restores “bedrock principles of American law.”

    February 05, 2009
    * GPO's Federal Digital System (FDsys) now available as a public beta!

    "GPO’s Federal Digital System (FDsys) is an advanced digital system that will enable GPO to manage Government information in a digital form. FDsys will enable GPO to manage information from all three branches of the U.S. Government. As a state-of-the-art digital content management system, FDsys will contain information gathered through three methods:

    • Files submitted by Congress and Federal agencies;
    • Information gathered from Federal agencies’ web sites (often referred to as “harvesting” information);
    • Digital files created by scanning previously printed publications."
    • See the Advanced Search page to specify specific dates and collections.

    February 04, 2009
    * CBO: Macroeconomic Effects of Amendment to American Recovery and Reinvestment Act

    Estimated Macroeconomic Effects of the Inouye-Baucus Amendment in the Nature of a Substitute to H.R. 1, February 4, 2009, Letter to the Honorable Judd Gregg.

  • "At your request, the Congressional Budget Office (CBO) has conducted an analysis of the macroeconomic impact of the Inouye-Baucus amendment in the nature of a substitute to H.R. 1. CBO estimates that this Senate legislation would raise output and lower unemployment for several years, with effects broadly similar to those of H.R. 1 as introduced. In the longer run, the legislation would result in a slight decrease in gross domestic product (GDP) compared with CBO’s baseline economic forecast."
  • Related postings on financial system
  • * White House Releases Additional State-Specific Impacts of American Recovery and Reinvestment Plan

    "The White House today released additional state-specific details on the American Recovery and Reinvestment Plan. The recovery plan will create and save jobs in the near future while addressing long-neglected needs that are critical to laying the foundation for a strong economic future. Nationwide, Obama’s plan will create or save 3-4 million jobs over the next two years. Additionally, 95% of American workers will get a tax cut and tens of billions will be invested in roads, bridges, mass transit, flood control, and clean water projects."

  • See also, Estimated Temporary Medicaid Funding Allocations Related to Section 5001 of the American Recovery and Reivestment Act,
    GAO-09-364R, February 4, 2009
  • Related postings on financial system
  • * Hearing: Modernizing the U.S. Financial Regulatory System

    Senate Committee on Banking, Housing and Urban Affairs, Modernizing the U.S. Financial Regulatory System, February 4, 2009. Witnesses - Paul A. Volcker, Chair of the President's Economic Recovery Advisory Board and former Chairman, Board of Governors of the Federal Reserve System; and Mr. Gene L. Dodaro, Acting Comptroller General of the United States.

  • Related postings on financial system
  • February 03, 2009
    * FDIC Testimony on Promoting Bank Liquidity and Lending Through Deposit Insurance

    Statement of John F. Bovenzi, Deputy to the Chairman and Chief Operating Officer, Federal Deposit Insurance Corporation on Promoting Bank Liquidity and Lending Through Deposit Insurance, Hope for Homeowners, and Other Enhancements before the Committee on Financial Services; U.S. House of Representatives, February 3, 2009.

  • "As part of our contingency planning, the FDIC would recommend that Congress provide additional support for our deposit insurance guarantee by increasing our existing $30 billion line of credit to $100 billion. Assets in the banking industry have tripled since 1991 -- the last time the line of credit was adjusted in the FDIC Improvement Act (from $5 billion to $30 billion). The FDIC believes it would be appropriate to adjust the statutory line of credit proportionately to ensure that the public has no confusion or doubt about the government's commitment to insured depositors. Because of the FDIC's ability to adjust premiums, the FDIC has never needed to draw on the line of credit to cover losses."
  • Related postings on financial system
  • February 02, 2009
    January 31, 2009
    * EPIC: House Economic Recovery Bill Includes Privacy Safeguards for Medical Information

    "The American Recovery and Reinvestment Act of 2009, adopted by the House this week, includes strong privacy provisions ("Subtitle D - Privacy") for the proposed medical health network. Among the key provisions: a ban on the sale of health information, audit trails, encryption, rights of access, improved enforcement mechanisms, and support for advocacy groups to participate in the regulatory process. Patient Privacy Rights has expressed support for the legislation. A similar bill, S. 336, is pending in the Senate. Senator Leahy has called for strong safeguards to protect America's health privacy. For more information, see EPIC's page on Medical Privacy."

    * GPO: American Recovery and Reinvestment Act of 2009

    Supplemental appropriations for job creation and preservation infrastructure investment, energy efficiency/science, assistance to the unemployed, and State/local fiscal stabilization: H.R. 1 - American Recovery and Reinvestment Act of 2009 (680 pages, PDF)

  • Related postings on financial system
  • More documents via U.S. News.com Stimulus Watch
  • January 27, 2009
    * Treasury IG Receives Support of Chairman Frank on Transparency and Accountability

    "House Financial Services Committee Chairman Barney Frank (D-MA) sent a letter today to the TARP Special Inspector General praising him for his work in providing greater transparency for the TARP Program. Frank’s letter...is in response to a letter from Inspector General Barofsky, where the IG stated, “Specifically, we [Treasury Special Inspector General] will be sending a request to all entities that have received TARP money to date asking them to account for their use of the TARP funds and to describe their efforts to comply with applicable executive compensation restrictions.”

  • Related postings on financial system
  • January 26, 2009
    * CBO Report: H.R. 1, American Recovery and Reinvestment Act of 2009

    Follow up to postings on the American Recovery and Reinvestment Act of 2009, this CBO report released today: H.R. 1, American Recovery and Reinvestment Act of 2009,Cost estimate for the bill as introduced in the House of Representatives on January 26, 2009

  • "H.R. 1 would specify appropriations for a wide range of federal programs and would increase or extend certain benefits payable under the Medicaid, unemployment compensation, and nutrition assistance programs. The legislation also would reduce individual and corporate income tax collections and make a variety of other changes to tax laws. Assuming enactment in mid-February, CBO estimates that the bill would increase outlays by $93 billion during the remaining several months of fiscal year 2009, by $225 billion in fiscal year 2010 (which begins on October 1), by $159 billion in 2011, and by a total of $604 billion over the 2009-2019 period. That spending includes outlays from discretionary appropriations in Division A of the bill and direct spending resulting from Division B."
  • Related postings on financial system
  • January 24, 2009
    * Senate Finance Cmte Mark: American Recovery and Reinvestment Bill of 2009

    News release includes detailed summary: "Senate Finance Committee Chairman Max Baucus (D-Mont.) today unveiled an original Chairman’s Mark of economic recovery provisions for inclusion in the American Recovery and Reinvestment Act of 2009, including $275 billion in tax cuts and investments that will create jobs in fields like green energy, highways, and health care, and provide relief for working families and businesses. The plan, which the Finance Committee will formally consider next week, also contains approximately $180 billion in additional investments to help Americans who have lost their jobs to keep their health care coverage and find new work, and to inject cash into struggling state economies..."

    January 21, 2009
    * Authenticated Congressional Bills now live on GPO Access

    "After successful beta testing, GPO has integrated Authenticated Congressional Bills into the live Congressional Bills application on GPO Access at http://www.gpoaccess.gov/bills/index.html. Users of this application will notice digital signatures on bills from the 110th and 111th Congresses."

    January 19, 2009
    * GPO's Federal Digital System Replacing GPO Access

    "GPO's Federal Digital System (FDsys) provides public access to government information submitted by Congress and Federal agencies and preserved as technology changes. The migration of information from GPO Access into FDsys will be complete in mid-2009. The migration is occurring on a collection-by-collection basis. Collections currently available on FDsys are: Compilation of Presidential Documents (1993 to Present); Congressional Bills (103rd Congress to Present); Congressional Documents (104th Congress to Present); Congressional Hearings (105th Congress to Present); Congressional Record (1994 to Present); Congressional Reports (104th Congress to Present); Federal Register (1994 to Present); Public and Private Laws (104th Congress to Present)."

    January 14, 2009
    * CBO Cost Estimate: Children’s Health Insurance Program Reauthorization Act of 2009

    H.R. 2, Children's Health Insurance Program Reauthorization Act of 2009, January 13, 2009. Cost estimate for the bill as transmitted to CBO by the House Committee on Energy and Commerce on January 13, 2009.

  • "The legislation would authorize the Children’s Health Insurance Program (CHIP) through fiscal year 2013 and increase federal funding for the program above current levels. The bill would provide performance bonus payments to states for enrollment costs resulting
    from specified enrollment and retention efforts. H.R. 2 would establish a child enrollment contingency fund to cover state CHIP expenditures beyond the amount allotted in statute for the 2009-2013 reauthorization period. The bill also would add an additional state
    option to use CHIP funding to provide a premium assistance subsidy for children enrolled in a qualified health insurance plan, provide additional funding for outreach grants, and improve access to dental benefits and mental health parity in CHIP plans."
  • January 11, 2009
    * Report: Caught Between Unemployment Benefts And Health Care Costs

    Squeezed! Caught between Unemployment Benefts And Health Care Costs, January 2009, by Families USA Foundation.

  • "This report shows that, to maintain their employer-based health coverage under COBRA [Consolidated Omnibus Budget Reconciliation Act of 1986], most unemployed people would have to devote an unrealistically high proportion of their incomes to health insurance. For many, it would take their entire unemployment check and more to continue coverage for themselves and their families. However, if laid-off workers do not continue their employer-based coverage by electing COBRA and instead seek coverage in the individual health insurance market, those with health problems are likely to find that no insurer will sell them a policy that will cover their pre-existing conditions at any price. Thus, many American workers find themselves in a catch-22."
  • Related postings on financial system
  • January 06, 2009
    * House and Senate Appropriations Committees Announce New Earmark Reforms

    News release: "Rep. Dave Obey (D-WI), Chairman of the House Appropriations Committee, and Sen. Daniel K. Inouye (D-HI), incoming Chairman of the Senate Appropriations Committee, announced three significant changes to further increase transparency and reduce funding levels for earmarks, building on reforms brought about in the last Congress...new reforms to begin with the 2010 bills include:

    • Posting Requests Online: To offer more opportunity for public scrutiny of member requests, members will be required to post information on their earmark requests on their Web sites at the time the request is made explaining the purpose of the earmark and why it is a valuable use of taxpayer funds.
    • Early Public Disclosure: To increase public scrutiny of committee decisions, earmark disclosure tables will be made publically available the same day as the House or Senate Subcommittee rather than Full Committee reports their bill or 24
      hours before Full Committee consideration of appropriations legislation that has not been marked up by a Senate Subcommittee.
    • Further Cuts: Earmarks will be further reduced to 50% of the 2006 level for non-project-based accounts." [Note: "President-elect Barack Obama said today in a meeting with members of his budget team that he will ban earmarks from the American Recovery and Reinvestment Act that will soon go before Congress. The President-elect also said he expects his administration to inherit a budget deficit of up to $1 trillion."]

    January 02, 2009
    * California AG Sues to Overturn Bush Administration Rules Undermining Endangered Species Act

    News release: "California Attorney General Edmund G. Brown Jr. has filed suit in federal court to block an “audacious attempt” by the Bush Administration to gut provisions in the Endangered Species Act mandating scientific review of federal agency decisions that may threaten endangered species and their habitat...The new regulations, initially proposed by the Departments of the Interior and Commerce in August 2008 and made final on December 16, largely eliminate a requirement in the Endangered Species Act that mandates scientific review of federal agency decisions that might affect endangered and threatened species and their habitats...The changes allow federal agencies to undertake or permit mining, logging, and other commercial activities on federal land and other areas without obtaining review or comment from federal wildlife biologists on the environmental effects of such activities."

  • Attorney General of the State of California, Comments on Proposed Rule Amending Regulations Implementing Section 7 of the Endangered Species Act, October 14, 2008
  • December 22, 2008
    December 21, 2008
    * A Call for Action: Enabling Healthcare Reform Using Information Technology

    The Healthcare Information and Management Systems Society Call for Action: Enabling Healthcare Reform Using Information Technology "outlines specific priorities and recommendations for the Obama Administration and 111th Congress to harness IT's power to reform healthcare and stimulate the U.S. economy."

    December 19, 2008
    * Project On Government Oversight Concerned About TARP Funds

    POGO letter to Congressional Oversight Committee leaders concerning certain financial companies seeking backdoor access to TARP funds: "The Project On Government Oversight (POGO) is a non-partisan, non-profit government watchdog that works to achieve a federal government that is effective, accountable, open, and honest. In our continuing scrutiny of the Troubled Asset Relief Program's (TARP) implementation, we have identified a disturbing trend. As you know, the TARP was created for the express purpose of buttressing the financial system by assisting institutions in danger of going under. In the language of the statute, the TARP was meant to "provide authority for the Federal Government to purchase and insure certain types of troubled assets for the purposes of providing stability to and preventing disruption in the economy and financial system and protecting taxpayers." ...It has come to our attention that a number of insurance companies are attempting to qualify for TARP funds by purchasing banks. We found eight financial institutions engaging in such practices..."

  • Related postings on financial system
  • December 18, 2008
    * Bush Administration's Plan to Assist Automakers

    Follow up to previous postings on auto industry, today's White House press release: "...the only way to avoid a collapse of the U.S. auto industry is for the executive branch to step in. The American people want the auto companies to succeed, and so do I. So today, I'm announcing that the federal government will grant loans to auto companies under conditions similar to those Congress considered last week...These loans will provide help in two ways. First, they will give automakers three months to put in place plans to restructure into viable companies -- which we believe they are capable of doing. Second, if restructuring cannot be accomplished outside of bankruptcy, the loans will provide time for companies to make the legal and financial preparations necessary for an orderly Chapter 11 process that offers a better prospect of long-term success -- and gives consumers confidence that they can continue to buy American cars."

    Treasury Releases Term Sheet for Automotive Plan: Washington - The U.S. Treasury Department today released the term sheet and appendices for the Administration's plan for stabilizing the automotive industry.

    December 17, 2008
    * CRS - U.S. Motor Vehicle Industry: Federal Financial Assistance and Restructuring December 3, 2008

    Follow-up to previous postings on the auto industry, this CRS report, U.S. Motor Vehicle Industry: Federal Financial Assistance and Restructuring, December 3, 2008: "The three domestically owned U.S. manufacturers of cars and light trucks are requesting federal financial assistance in the form of “bridge loans” to assure their ability to continue in business. The companies, General Motors (GM), Ford and Chrysler (collectively known as the “Detroit 3”), have directly appealed to Congress for aid in a series of hearings that began in November 2008. The companies have been affected by a long-term decline in U.S. market share, the impact of a general decline in U.S. motor vehicle sales in 2008 that has impacted all producers, and the effects of a severe constriction of credit, resulting from problems in U.S. and global financial markets. The rise in gasoline prices to more than $4.00 a gallon in July 2008 caused a significant fall in vehicle use and miles driven, and a structural shift in motor vehicle consumption patterns. The subsequent decline in gas prices in Fall 2008 has not led to increased consumer spending on autos and light trucks, in spite of numerous incentives by American and foreign-owned motor vehicle companies."

  • Related postings to financial system
  • December 16, 2008
    * Deterioration of the Nation’s Clean Water Act Enforcement Program

    "Oversight and Government Reform Committee Chairman Henry A. Waxman and Transportation and Infrastructure Committee Chairman James L. Oberstar wrote to President-elect Obama regarding their investigation into the drastic deterioration of the Clean Water Act enforcement program. New internal documents obtained by the Committees show that hundreds of Clean Water Act violations have not been pursued with enforcement actions. Dozens of existing enforcement cases have become informal responses, have had civil penalties reduced, and have experienced significant delays. Many violations are not even being detected because of the substantial reduction in investigations. Violations involving oil spills make up nearly half of the Clean Water Act violations that have been detected but are not being addressed."

    * Comparison of Legislative Resources on GPO Access and Selected Government and Non-Government Web Sites

    "A comparison of legislative resources available on GPO Access and other Government and non-Government Web sites was recently completed. Eight Web sites were selected for in-depth analysis including GPO Access, THOMAS, House.gov, Senate.gov, CQ.com, HeinOnline, Lexis-Nexis Congressional, and Westlaw. The report specifically evaluates the availability of legislative resources on all of the databases examined, the scope of the resources on each database, the source of those resources (i.e., whether they house their own content or link to other Web sites for it), and additional legislative resources or features exclusive to comparable Web sites. The 2008 comparison report and previous reports are available as follows:

    December 12, 2008
    * EPA Final Rule Exempts Farm Reporting on Animal Waste

    "The U.S. Environmental Protection Agency (EPA) is announcing a final rule to provide an administrative reporting exemption for releases to the air from animal waste at farms of any hazardous substance at or above the reportable quantity for those hazardous substances. EPA is saying that these reports are unnecessary because there is no reasonable expectation that a Federal response would be made as a result of such reports. The final rule reduces the burden of complying with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and to a limited extent, the Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements on the regulated community."

  • Regulation: CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste (45 pages, PDF)
  • Related postings on midnight regulations
  • December 11, 2008
    * Auto Industry Financing and Restructuring Act

    Auto Industry Financing and Restructuring Act - H.R. 7321 passed authorizing financial assistance to eligible automobile manufacturers, and for other purposes.

  • New York Times: "The Senate on Thursday night abandoned efforts to fashion a government rescue of the American automobile industry, as Senate Republicans refused to support a bill endorsed by the White House and Congressional Democrats."
  • Related postings on auto industry
  • * Hearing to Investigate Last-Minute Bush Energy and Environment Rulemakings

    In following posting today, Interior Publishes Final Changes to Endangered Species Act Regs, this news release: "The announcement by the Interior Department of a new rule eliminating Congress’s authority to prevent new mining on public lands escalated concerns about the Bush administration's last ditch efforts to push through major regulatory rule changes to energy and environmental policies. From global warming to water quality to endangered species to clean air, the Bush administration is pushing harder than ever to advance its anti-environmental agenda by rescinding, changing, or issuing rules, with negative consequences for our natural resources, environment, and America’s energy policy. A panel of environmental and regulatory experts will discuss the ramifications of these last-minute rulemakings at a hearing before Chairman Edward J. Markey (D-Mass.) and the Select Committee on Energy Independence and Global Warming."

  • "The Bush administration is using its waning days to finalize regulations that undermine safeguards for wildlife and natural resources and to build a barrier against Congressional and public challenges to these regulatory changes, according to testimony delivered to Congress on Thursday. Jamie Rappaport Clark, executive vice president for Defenders of Wildlife, testified before the House Select Committee on Energy Independence and Global Warming regarding the Bush administration’s assault on environmental laws and the need for the next administration to reverse the damage."
  • Related postings on Bush administration's midnight regulations
  • * Report: For Energy and the Environment, the Bush Administration's Last 100 Days Could Rival the First 100

    Follow up to related postings on "midnight regulations," this news release and report: "In 2001, the Bush administration began its radical, anti-environmental agenda by rescinding, changing, or issuing rules that degraded America’s environment. From refusing to reduce the arsenic levels in drinking water, to opening wilderness areas to new roads, to rejecting the Kyoto Protocol after promising to cut emissions, early actions merely presaged later damaging activities on global warming, clean air laws, and myriad other environmental and energy issues."

    "The Select Committee on Energy Independence and Global Warming has prepared the following report on what administrative actions the Bush administration could take in the final days of its second term": Past is Prologue: For Energy and the Environment, the Bush Administration’s Last 100 Days Could Rival the First 100, A Majority Staff Report.

    December 10, 2008
    * Auto Industry Financing and Restructuring Act

    Mr. Frank of Massachusetts introduced the following bill on December 10, 2008: Auto Industry Financing and Restructuring Act (1) to immediately provide authority and facilities to restore liquidity and stability to the domestic automobile industry in the United States; and (2) to ensure that such authority and such facilities are used in a manner that—(A) results in a viable and competitive domestic automobile industry that minimizes adverse effects on the environment; (B) enhances the ability and the capacity of the domestic automobile industry to pursue the timely and aggressive production of energy efficient advanced technology vehicles;(C) preserves and promotes the jobs of American workers employed directly by the domestic automobile industry and in related industries; (D) safeguards the ability of the domestic automobile industry to provide retirement and health care benefits for the industry’s retirees and their dependents; and (E) stimulates manufacturing and sales of automobiles produced by automobile manufacturers in the United States."

  • Summary of H.R. 7321 (Auto Industry Financing and Restructuring Act) (12/10/08)
  • Related postings on auto industry and on financial system
  • December 09, 2008
    * Review of the Sex Offender Registration and Notification Act, Evaluation and Inspections Report

    DOJ OIG: Review of the Sex Offender Registration and Notification Act (SORNA), Evaluation and Inspections Report I-2009-001, December 2008: "...we found that information in the national sex offender registries is incomplete and inaccurate and therefore the registries are not reliable tools for law enforcement and the public. For example, we found that registries were missing records, did not always identify known fugitives, and did not always contain sufficient information to enable law enforcement and the public to accurately identify sex offenders."

  • The Adam Walsh Child Protection and Safety Act of 2006 (Adam Walsh Act), Pub. L. No. 109-248, 120 Stat. 587 (codified primarily in sections of 42 U.S.C. as well as 10 and 18 U.S.C.), was signed on July 27, 2006. SORNA is codified at 42 U.S.C. § 16901.
  • December 08, 2008
    * Draft Bill: Auto Industry Financing and Restructuring Act

    Follow up on previous postings concerning the auto industry bailout, today's draft bill - Auto Industry Financing and Restructuring Act, December 8, 2008: "The purposes of this Act are —(1) to immediately provide authority and facili16 ties to restore liquidity and stability to the domestic automobile industry in the United States; and (2) to ensure that such authority and such facilities are used in a manner that - (A) stimulates manufacturing and sales of automobiles produced by automobile manufacturers in the United States; (B) enhances the ability and the capacity of the domestic automobile industry to pursue the timely and aggressive production of energy efficient advanced technology vehicles; (C) preserves and promotes the jobs of 355,000 workers in the United States directly employed by the automobile industry and an additional 4,500,000 workers in the United States employed in related industries; (D) safeguards the ability of the domestic automobile industry to provide retirement and health care benefits for 1,000,000 retirees and their dependents; and (E) results in a viable and competitive domestic automobile industry that minimizes adverse effects on the environment..."

  • New York Times: Deal to Rescue American Automakers Is Moving Ahead
  • Related postings on financial system
  • * Final Rules and Proposed Rules relating to Nationally Recognized Statistical Rating Organizations and Credit Ratings

    "The Commission will consider whether to adopt final rule amendments and whether to propose new rule amendments that will impose additional requirements on nationally recognized statistical rating organizations in order to address concerns raised about the policies and procedures for, transparency of, and potential conflicts of interest relating to ratings of residential mortgage-backed securities backed by subprime mortgage loans and collateralized debt obligations linked to subprime loans."

    The regulatory program established by the Credit Rating Agency Reform Act allows the Commission to promulgate rules regarding public disclosure; recordkeeping and financial reporting; and substantive requirements designed to ensure that NRSROs conduct their activities with integrity and impartiality. The rules being considered today are meant to supplement previous rules implemented by the Commission under the Credit Rating Agency Reform Act in June 2007.

  • Related postings on financial system
  • December 07, 2008
    * State Responses to Immigration: A Database of All State Legislation

    "State Responses to Immigration: A Database of All State Legislation is a free, searchable data tool designed to generate information about all immigration-related bills and resolutions introduced in state legislatures. Classified by state, region, subject area, legislative type, and bill status, this is the only database that allows users to find out, for example, the status of enforcement initiatives introduced in their state, compare the number of bills regulating employment, or evaluate the passage rate of health-related bills across the nation.

    State Responses to Immigration is a joint project of the Migration Policy Institute (MPI) and a research team at the New York University School of Law (NYU). We encourage you to read about the methodology we employed to gather and classify immigration-related legislation before using the tool.

    We have posted the 2007 legislation and will add data for 2008, in addition to 2001-2006 data, in the coming months. Note: The database assigns a bill's status based on its status as of December 31 of the given year."

    December 03, 2008
    * Army and EPA Revise Guidance to Protect Wetlands and Streams

    News release: "The U.S. Environmental Protection Agency (EPA) and the Department of the Army are issuing revised guidance to ensure America's wetlands, streams and other waters are better protected under the Clean Water Act (CWA). The guidance clarifies the geographic scope of jurisdiction under the CWA."

  • Clean Water Act Definition of "Waters of the United States" - This page is designed to provide updates and background information regarding the scope of "Waters of the United States" protected under the Clean Water Act.
  • * FHFA Submits First Report On Homeowners Assistance to Congress

    "Federal Housing Finance Agency (FHFA) Director James B. Lockhart today submitted to Congress the first report as a Federal Property Manager (FPM) detailing actions FHFA is taking to prevent unnecessary foreclosures. Section 110 of the Emergency Economic Stabilization Act of 2008 (EESA) directs Federal Property Managers to develop and implement plans to maximize assistance for homeowners and encourage servicers of underlying mortgages to take advantage of programs to minimize foreclosures."

  • FHFA monthly Foreclosure Prevention Report
  • Related postings on financial system
  • December 02, 2008
    * Beta Release - Authenticated Congressional Bills: Main Page

    "GPO's Authentication initiative focuses on the primary objective of assuring users that the information made available by GPO is official and authentic and that trust relationships exist between all participants in electronic transactions. In furthering GPO's mission to provide permanent public access to authentic U.S. Government publications, GPO is working to afford users further assurance that files are unchanged since GPO authenticated them.

    The Beta release of an Authenticated Congressional Bills application provides digitally signed and certified Adobe Portable Document Format (PDF) files for a sample set of Congressional Bills from the 110th Congress. GPO has signed and certified the House and Senate bills PDF files within this application as part of GPO's initiative to reassure users that the online documents are official and authentic."

    November 21, 2008
    * Unemployment Compensation Extension Act of 2008

    President Bush Signs H.R. 6867 Into Law: On Friday, November 21, 2008, the President signed into law: H.R. 6867, the "Unemployment Compensation Extension Act of 2008," which extends Emergency Unemployment Compensation to 20 weeks, and creates a second tier of 13 weeks of compensation for individuals in States with high unemployment rates.

  • Public Law 110-449 Unemployment Compensation Extension Act of 2008 (Nov. 21, 2008; 122 Stat. 5014; 3 pages)
  • Related postings on financial system
  • November 20, 2008
    * New GAO Reports: Freight Congestion, DHS Programs Oversight, Health Information Technology
    • Approaches to Mitigate Freight Congestion, GAO-09-163R, November 20, 2008
    • Department of Homeland Security: Billions Invested in Major Programs Lack Appropriate Oversight, GAO-09-29, November 18, 2008
    • Contract Management: DOD Developed Draft Guidance for Operational Contract Support but Has Not Met All Legislative Requirements, GAO-09-114R, November 20, 2008
    • Health Information Technology: More Detailed Plans Needed for the Centers for Disease Control and Prevention's Redesigned BioSense Program, GAO-09-100, November 20, 2008
    • International Environmental Oversight: U.S. Agencies Follow Certain Procedures Required by Law, but Have Limited Impact, GAO-09-99, November 20, 2008
    November 19, 2008
    * Senators Reid and Byrd Unveil Economic Recovery Package
    • News release: "Senate Majority Leader Harry Reid and Senate Appropriation Committee Chairman Robert C. Byrd today unveiled a $100.3 billion economic recovery package that will create hundreds of thousands of jobs, support a struggling auto industry and help families hurting in this flagging economy."
    • Reid Byrd Economic Recovery Package Explanatory Statement: "In response to higher unemployment, rising food costs, higher energy costs, State budgets in crisis, and increased dependence on foreign oil, President-Elect Obama has called for a second stimulus bill to jump start the economy and help Americans recover from the recession. It is time to deliver to Main Street."
    • Text of Reid Byrd Economic Recovery Package: H.R. 7110 - Making supplemental appropriations for job creation and preservation, infrastructure investment, and economic and energy assistance for the fiscal year ending September 30, 2009, and for other purposes."
    • Related postings on financial system
    * Remarks on Implementation of the Emergency Economic Stabilization Act

    Interim Assistant Secretary Neel Kashkari, November 19, 2008: "...The EESA is not an economic stimulus plan, nor is it an economic growth plan. It was designed to stabilize the financial system. Today, the LIBOR-OIS spread has fallen 238 basis points from its peak to 100 basis points. We believe the combined actions of Treasury, the Federal Reserve and FDIC have stabilized the financial system and prevented a financial collapse. Nonetheless, the current crisis took years to build up and will take time to work through, and we still face some real economic challenges."

    November 18, 2008
    * CBO Cost Estimate for S. 3689, Economic Recovery Act of 2008

    S. 3689, Economic Recovery Act of 2008 - November 18, 2008 - Cost estimate for the bill as introduced on November 17, 2008.

  • "CBO estimates that enacting this legislation would provide $89.3 billion in budget authority and result in outlays totaling $50.4 billion in 2009 and $88.4 billion over the 2009-2018 period— excluding potential additional costs for automobile industry assistance under title VI of the bill. (CBO cannot estimate the net incremental cost of enacting title VI at this time.) In addition, CBO and the Joint Committee on Taxation (JCT) estimate that enacting this bill would result in a loss of revenues totaling $10.9 billion over the 2009-2018 period."
  • CQ Politics: "In addition to the $25 billion in loans for automakers, the proposed stimulus package would include $37.8 billion for state Medicaid programs; $13.5 billion for infrastructure projects including highway repair, bridge construction, Amtrak and public transit; extended unemployment benefits; a tax break for car purchases; $700 million in grants for public-housing agencies; $1 billion for the National Institutes of Health; $2.5 billion for school repairs; $1 billion for border security programs such as building and repairing border stations and implementing new technologies on the southwest border; and $990 million for Justice Department grant programs to local law enforcement."
  • November 13, 2008
    * Financial Institution Bailout Under Critical Review

    Senate Banking Committee Hearing: Oversight of the Emergency Economic Stabilization Act: Examining Financial Institution Use of Funding Under the Capital Purchase Program, November 13, 2008

    • Opening Statement of Chairman Christopher J. Dodd, “Oversight of the EESA: Examining Financial Institution Use of Funding Under the Capital Purchase Program” - "...five trillion dollars have been committed in several forms, including: the guarantee of all non-interest bearing deposit accounts at federally insured banks and thrifts...The Fed alone has committed up to one trillion in tax dollars so far to the recovery effort...I think I speak for many members of the Committee and the Senate in saying that we want to see more progress from our friends in the financial sector – more progress in foreclosure mitigation, in affordable lending, and in curbing excessive compensation."
      • Washington Post: Bailout Lacks Oversight Despite Billions Pledged - "In the six weeks since lawmakers approved the Treasury's massive bailout of financial firms, the government has poured money into the country's largest banks, recruited smaller banks into the program and repeatedly widened its scope to cover yet other types of businesses, from insurers to consumer lenders...Yet for all this activity, no formal action has been taken to fill the independent oversight posts established by Congress when it approved the bailout to prevent corruption and government waste."
      • Treasury news release: "Today's story in the Washington Post leaves out critical steps taken by Treasury to ensure that there is strong oversight in place as the Emergency Economic Stabilization Act is implemented."
      • Reuters, Commentary: TARP and Fed facilities unravel - "The twin pillars of the rescue program are the multiplicity of liquidity and lending programs being offered by the Federal Reserve and the Treasury’s Troubled Asset Relief Program (TARP). Both programs are now in deep trouble. In fact the various rescue packages risk becoming a textbook example of how poorly designed programs can fail to achieve their objectives."
      • Joint Letter of Concern to Secretary Paulson After His Announcement to the Change Intent of the Troubled Asset Relief Program, November 13, 2008
      • Related postings on financial system

    November 11, 2008
    * Support for Legislation to Provide Aid to the Auto Industry

    Follow up to previous postings on calls for a government bail- out of the auto industry, today Speaker Pelosi stated: "I have asked Chairman Barney Frank of the House Financial Services Committee to work with House and Senate leaders, and with the Bush Administration, to craft legislation to provide emergency and limited financial assistance to the automobile industry under the Emergency Economic Stabilization Act (EESA)."

    * Conforming Loan Limit for U.S. Will Remain $417,000 for 2009

    News release: "The Federal Housing Finance Agency (FHFA) announced the conforming loan limit will remain $417,000 for 2009 for most areas in the U.S. but specified higher limits in certain cities and counties. The conforming loan limit is the maximum size of loans that Fannie Mae and Freddie Mac can purchase in 2009. According to provisions of the Housing and Economic Recovery Act of 2008 (HERA), the national loan limit is set based on changes in average home prices over the previous year, but cannot decline from year to year. Loan limits for two-, three-, and four-unit properties in 2009 will remain at 2008 levels as well: $533,850, $645,300, and $801,950 respectively, for homes in the continental U.S."

  • Related postings on financial system
  • November 09, 2008
    * 2008-2009 Presidential Transition Resources

    Presidential Transition Team website: "The Presidential Transition Act of 2000 (P.L. 106-293) authorizes the General Services Administration (GSA) to develop a transition directory in consultation with the National Archives and Records Administration (NARA). The Act provides that the transition directory "shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency." Senate Report 106-348 clarifies that the directory is intended to "assist in navigating the many responsibilities that fall on a new administration" that is "confronted by an overwhelming amount of material."

    * Pelosi, Reid Call On Paulson To Use Authority To Provide Aid To Auto Industry

    Follow up to November 7, 2008 posting - Is a Government Bail-Out In GM's Future? - this November 8 press release: "Senate Majority Leader Harry Reid and Speaker Nancy Pelosi today sent a letter to Treasury Secretary Henry Paulson calling on him to review the feasibility of using the authority given under the Emergency Economic Stabilization Act (EESA) of 2008 to provide temporary assistance to the automobile industry during this financial crisis. Senator Reid and Speaker Pelosi added: “Were you to determine that the automobile industry is eligible for assistance under EESA, we would urge you to impose strong conditions on such assistance in order to protect taxpayers and maximize the potential for the industry's recovery.”

  • Obama Supports Government Assistance for Auto Industry, Emanuel Says
  • November 07, 2008
    * FTC Submits Report to Congress on Do Not Call Improvement Act of 2007

    News release: "The Commission has approved the Report to Congress Under the Do Not Call Improvement Act of 2007 (2007 DNCIA) [Pub. L. No. 110-187, 122 Stat. 633 (2008)], signed into law on February 15, 2008. The report, which is mandated under the 2007 DNCIA, contains information on the Commission’s efforts to improve the accuracy of the National Do Not Call Registry. The report details the efforts that the FTC has taken in the nine months since the 2007 DNCIA was signed into law and describes the new procedure that will be used to remove disconnected and reassigned numbers from the National Registry."

  • The Do-Not-Call Improvement Act of 2007: Report To Congress Regarding the Accuracy of the Do Not Call Registry
  • November 03, 2008
    * PBGC Announces Maximum Insurance Benefit for 2009

    "The Pension Benefit Guaranty Corporation (PBGC) today announced that the maximum insurance benefit for participants in underfunded pension plans terminating in 2009 is $54,000 per year for those who retire at age 65, up from $51,750 for 2008. The amount is higher for those who retire later and lower for those who retire earlier or elect survivor benefits (see chart). If a pension plan terminates in 2009 but a participant does not begin collecting benefits until a future year, the 2009 maximum insurance limits still apply. The Pension Protection Act of 2006 provides that the maximum benefit payable is determined by the legal limits in force on the date of the plan sponsor's bankruptcy and not on the date of plan termination."

  • See also PBGC's fact sheet, Pension Guarantees
  • * The DOJ's Single-Firm Conduct Report

    The DOJ's Single-Firm Conduct Report: Promoting Consumer Welfare Through Clearer Standards for Section 2 of the Sherman Act, October 2008

  • "On September 8, 2008, the Department of Justice (the "Department") issued a 213-page report entitled Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act (the "Single-Firm Conduct Report" or "Report"). The Report examines whether and when certain types of single-firm conduct may violate Section 2 of the Sherman Act by harming competition and consumer welfare. The Report serves three purposes. First, it summarizes and synthesizes views expressed at the joint Department and Federal Trade Commission ("FTC") hearings, recent legal and economic scholarship, and court decisions regarding single-firm conduct. Second, it provides transparency by explaining the Department's enforcement views in this important area of the law. And third, it makes progress toward the goal of developing sound, clear, objective, effective, and administrable standards for Section 2 analysis. Those standards best promote competition and consumer welfare–the goal of the antitrust laws–because they better identify and prohibit conduct that harms the competitive process and avoid interfering with the beneficial competition that drives innovation and economic growth.The Single-Firm Conduct Report has been greeted with much discussion. The Department offers this article to add to the conversation by describing the background of the report, setting forth some of its key conclusions, and addressing some of the public commentary on the report. What this article does not attempt to do, however, is supplement or substitute for the report itself–the report stands on its own, and the reader is invited to review the report in its entirety or to review at least the report's six-page executive summary."
  • November 02, 2008
    * CRS: Telework Legislation Pending in the 110th Congress: A Side-by-Side Comparison of Provisions

    Telework Legislation Pending in the 110th Congress: A Side-by-Side Comparison of Provisions, October 20, 2008

  • S. 1000, the Telework Enhancement Act of 2007, and H.R. 4106, the Telework Improvements Act of 2008, are currently pending in the 110th Congress. Two Senate amendments that include provisions to enhance telework were offered to S. 3268, the Stop Excessive Energy Speculation Act of 2008, and also are pending. The Senate Committee on Homeland Security and Governmental Affairs reported S. 1000, with an amendment in the nature of a substitute, on October 1, 2008. The House of Representatives passed H.R. 4106 by voice vote under suspension of the rules on June 3, 2008. H.R. 4106 would amend Title 5 of the United States Code by adding a new Chapter 65 entitled "Telework." Under the pending legislation and Senate amendments, the heads of executive branch agencies would be required to establish policies under which employees (with some exceptions) could be eligible to participate in telework. Legislative branch employees also would be covered by S. 1000. Agencies would have to establish policies on telework within 180 days after enactment of the acts. Employee participation in telework would be required to the maximum extent possible without diminishing either employee performance or agency operations. Executive branch employees not eligible for telework generally would include those whose duties involve the daily handling of secure materials, contact with persons, the use of special equipment, or physical presence. The pending legislation and amendments could require each executive branch agency to appoint a Telework Managing Officer, who would be responsible for implementing the telework policies. The agencies also would be required to provide training to managers, supervisors, and employees participating in telework. H.R. 4106 would require the Comptroller General to evaluate the telework policies in the executive branch. This report presents a side-by-side comparison of the provisions of S. 1000, as reported; H.R. 4106, as passed by the House; and the proposed Senate amendments to S. 3268."
  • October 28, 2008
    * DNI Releases Budget Figure for 2008 National Intelligence Program

    News release: "Consistent with Section 601 of the "Implementing Recommendations of the 9/11 Commission Act of 2007," Public Law 110-53, the Director of National Intelligence is disclosing to the public the aggregate amount of funds appropriated by Congress to the National Intelligence Program (NIP) for fiscal year 2008 not later than 30 days after the end of the fiscal year. The aggregate amount appropriated to the NIP for fiscal year 2008 was $47.5 Billion."

    * Information Technology Risks and Controls and Fair Credit Reporting Act

    OTS 08-051 - OTS Issues New Examination Procedures on Identity Theft Red Flags and Address Discrepancies: "This Regulatory Bulletin transmits revised Examination Handbook Section 341, Information Technology Risks and Controls, and revised Examination Handbook Section 1300, Fair Credit Reporting Act (FCRA). The revised Handbook Sections contain new guid-ance and examination procedures for the final rules on Identity Theft Red Flags and Address Discrepancies, which implement Sections 114 and 315 of the Fair and Accurate Credit Trans-actions Act (FACT Act) of 2003. This bulletin rescinds RB 37-15 dated April 20, 2006."

    October 27, 2008
    * New from OMB: Protecting Protecting American Taxpayers From Government Spending on Wasteful Earmarks, IT Governance, Spectrum Relocation
    • M-09-03, Guidance on implementing P.L. No. 110-329 in accordance with Executive Order 13457 on “Protecting American Taxpayers From Government Spending on Wasteful Earmarks” (October 23, 2008)
    • M-09-02, Information Technology Management Structure and Governance Framework: "Organizational Structure and Reporting Relationships of IT Executives and Senior Managers - A. The Department or Agency has a designated executive-level Chief Information Officer (CIO) reporting to the head of the organization, with formal and full responsibility for all requirements set forth in promulgating statutes, regulations and guidance of Public Law 104-106, “Clinger-Cohen Act of 1996,” Public Law 107-347, “E-Government Act of 2002,” Title 44 U.S. Code Section 3506 “Federal Agency Responsibilities,” Federal Acquisition Regulation Part 39, “Acquisition of Information Technology,” and Office of Management and Budget (OMB) Circular A-130, “Transmittal Memorandum #4, Management of Federal Information Resources.” (October 21, 2008)
    • M-09-01, Spectrum Relocation Fund Guidance (SRF) (October 14, 2008): "The SRF was created in 2004 to streamline the process through which Federal agencies can recover the costs associated with relocating their radio communications systems from certain spectrum bands, which were authorized to be auctioned for commercial purposes. This process allows for the consolidation of Federal spectrum use, with budgetary benefit resulting from spectrum auction proceeds, economic benefit resulting from new consumer wireless services, and agency benefit through the procurement of new communications systems."
    October 26, 2008
    * The Food Stamp Program And Older Americans

    The Food Stamp Program And Older Americans Fact Sheet, Jean C. Accius, AARP Public Policy Institute, October 2008: "Approximately 2 million older individuals (of whom 1.6 million live alone) received food stamps in 2006."

  • Related resource from the Center on Budget and Policy Priorities, Food Stamp Provisions of the Final 2008 Farm Bill
  • October 23, 2008
    * Federal R&D Agenda for Net Zero Energy, High-Performance Green Buildings

    Office of Science and Technology Policy (OSTP) in the Executive Office of the President - Federal R&D Agenda for Net Zero Energy, High-Performance Green Buildings, October 22, 2008.

  • "...the National Science and Technology Council (NSTC) released a report describing R&D activities that could decrease use of natural resources and improve indoor environments while reducing greenhouse gas emissions and other harmful pollutants from the building sector...Commercial and residential buildings consume about one-third of the world’s energy. In particular, U.S. buildings account for more than 40 percent of total U.S. energy consumption, including 72 percent of electricity generation. If current trends continue, by 2025, buildings worldwide will be the largest consumer of global energy, consuming as much energy as the transportation and industry sectors combined...The report responds to provisions in the Energy Policy Act of 2005 (EPAct 2005, Public Law No. 109-58) and the Energy Independence and Security Act of 2007 (EISAct 2007, Public Law No. 110-140) to enhance federal R&D that could enable more efficient and higher performance residential and commercial buildings."
  • October 19, 2008
    * Stagnant Waters: 2008 Clean Water Act Report

    "On the eve of the 36th anniversary of the enactment of the Clean Water Act (October 18), Rep. James L. Oberstar, Chairman of the Committee on Transportation and Infrastructure, released the report, Stagnant Waters - the Legacy of the Bush Administration on the Clean Water Act, on the status of the nation’s waters under the Bush Administration. This landmark environmental statute, which established a national commitment to restore and maintain the chemical, physical, and biological integrity of the nation’s waters, has been undermined and weakened by the Bush administration, and many Federal clean water protections have been eliminated in the past eight years."

  • Clean Water Act
  • October 14, 2008
    * Federal Regulators Take Actions to Stabilize Financial Markets

    News release: "The President's Working Group on Financial Markets made a statement Tuesday on a series of comprehensive actions to strengthen public confidence in our financial institutions and restore functioning of our credit markets."

    October 13, 2008
    * Update on Treasury Department's Progress in Implementing Troubled Asset Relief Program

    Interim Assistant Secretary for Financial Stability Neel Kashkari Remarks before the Institute of International Bankers, October 13, 2008

  • "On Friday October 3, Congress passed and President Bush signed into law the bipartisan Emergency Economic Stabilization Act of 2008. The law gives the Treasury Secretary broad and flexible authority to purchase and insure mortgage assets, and to purchase any other financial instrument that the Secretary, in consultation with the Federal Reserve Chairman, deems necessary to stabilize our financial markets -- including equity securities. Treasury worked hard with Congress to build in this flexibility because the one constant throughout the credit crisis has been its unpredictability. The law empowers Treasury to design and deploy numerous tools to attack the root cause of the current turmoil: the capital hole created by illiquid troubled assets. Addressing this problem should enable our banks to begin lending again. Our nation has successfully worked through every economic challenge we have faced and we are confident this new program will help us overcome these challenges as well. Today, I will brief you about...Treasury's strategy to develop multiple tools under the Troubled Asset Relief Program...steps we have already taken to begin to implement the program...our next steps.."
  • Related postings on financial system
  • October 09, 2008
    * THOMAS Publishes Permanent Links

    The Open House Project: "Fulfilling one of the recommendations of the Open House Project report, The Library of Congress has published on their THOMAS web page directions for creating permanent links."

  • THOMAS: "Legislative Handles are a new persistent URL service for creating links to legislative documents from the THOMAS web site (http://thomas.loc.gov). With a simple syntax, Legislative Handles make it easy to type in legislative links to bibliographies, reference guides, emails, blogs, or web pages. Legislative Handles, for instance, http://hdl.loc.gov/loc.uscongress/legislation.110hconres196, are a convenient way to cite legislation."
  • * Protections for America’s Disabled Workers Expanded Under New Law

    Follow up to September 17, 2008 posting, Congress Passes ADA Amendments Act, this America.gov article, Protections for America’s Disabled Workers Expanded Under New Law: "A new law restores workplace protections for the disabled that had eroded as a result of several Supreme Court decisions issued since the Americans with Disabilities Act (ADA) was passed in 1990. The ADA Amendments Act of 2008, passed by Congress and signed by President Bush on September 25, clarifies and broadens the definition of disability and expands the population eligible for protection under the ADA. The ADA prohibits discrimination against people with physical and mental disabilities in such areas as employment, public accommodations and transportation. It mandates that employers make "reasonable accommodations" for disabled individuals unless those accommodations impose an "undue hardship" on the employer."

    October 07, 2008
    * The Economic Bailout: An Analysis of the Economic Emergency Stabilization Act

    The Economic Bailout: An Analysis of the Economic Emergency Stabilization Act, Katalina M. Bianco, J.D., John M. Pachkowski, J.D., CCH - Wolters Kluwer Law & Business

  • "The current credit crisis, which led to the enactment of the EESA, has its deepest roots in the subprime mortgage crisis, known in the popular media as the “mortgage meltdown,” that came into prominence in 2007. While many experts originally believed that the mortgage crisis would be contained within the mortgage industry, few at that time predicted its vast reach into the financial markets."
  • Related postings on financial system
  • October 06, 2008
    * GPO Launches Congressional Reports Browse Feature

    Congressional Reports: Browse - "To browse a current catalog of congressional reports available on GPO Access, click on the link for the appropriate Congress and session below. Catalogs are available for the 110th Congress. Links are included with each congressional report listed in the catalog, which retrieve the text of the corresponding document as an ASCII text or PDF file. If a congressional report is not listed in the catalog, it is not available electronically via GPO Access at this time."

    October 01, 2008
    * Senate Passes Bailout Bill - Moves Back to House on Friday

    Monday's House vote was followed today by an altogether different outcome. The Senate passed the financial bailout plan, H.R. 1424, as amended, the Economic Stabilization, Energy and Business Tax Extenders, AMT, and Mental Health Parity, 74-25. The House will vote again on Friday, October 3.

    • From statement of Sen. Dodd: "The legislation that the Senate passed tonight is the product of thoughtful and deliberate bipartisan cooperation, and is a vast improvement over the blank check that the Administration sought just days ago. The Emergency Economic Stabilization Act will not only provide stability and confidence to our financial markets, but also will help American families who are struggling to make ends meet. The legislation gives the Treasury Secretary the authority to respond quickly and forcibly to the current crisis, while creating strong protections for American taxpayers, helping to preserve the American dream of homeownership, and cracking down on excessive compensation for corporate executives who made bad decisions."
    • Related postings on financial system

    September 30, 2008
    * Senate To Vote Wednesday on Financial Bailout Plan
    • RollCall.com: "Senate Majority Leader Harry Reid (D-Nev.) set up a vote on a Wall Street rescue plan for Wednesday night. The $700 billion package to buy up troubled mortgages will include tax-extender legislation and a $150,000 increase on the amount of deposits the Federal Deposit Insurance Corp. insures. Don Stewart, spokesman for Senate Minority Leader Mitch McConnell (R-Ky.), sent out an alert saying the measure would be subject to a filibuster-proof, 60-vote threshold."
    • New York Times: Senate to Vote Wednesday on Bailout Plan: "The Senate tax bill would cost more than $100 billion and extend and expand many individual and business tax breaks, including tax credits for the production and use of renewable energy sources, like solar energy and wind power. The bill would also extend the business tax credit for research and development, expand the child tax credit, protect millions of families from the alternative minimum tax, and provide tax relief to victims of recent floods, tornadoes and severe storms."
    • Related postings on financial system
    • And for additional perspective, Economics Blog Directory & Ranking
    September 28, 2008
    * CBO: Cost Estimate on Emergency Economic Stabilization Act of 2008

    Cost Estimate on Emergency Economic Stabilization Act of 2008, September 28, 2008, Letter to the Honorable Barney Frank: "The Congressional Budget Office (CBO) has reviewed the Emergency Economic Stabilization Act of 2008, as released by the House Committee on Financial Services on September 28, 2008. The legislation would, among other provisions, create a Troubled Assets Relief Program (TARP), under which the Secretary of the Treasury would be authorized to purchase, insure, hold, and sell a wide variety of financial instruments, particularly those that are based on or related to residential or commercial mortgages issued prior to March 14, 2008. Under the legislation, the authority to enter into agreements to purchase such troubled assets would initially be set to expire on December 31, 2009, but could be extended through two years from the date of enactment upon certification by the Secretary that such an extension is necessary."

  • Related postings on financial system
  • September 25, 2008
    * Legislative Text of FY 2009 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009

    Legislative Text of FY 2009 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, September 24, 2008 [357 pages, PDF]

    September 22, 2008
    * Board announces the approval of a policy statement on equity investments in banks and bank holding companies

    "The Federal Reserve Board on Monday announced the approval of a policy statement on equity investments in banks and bank holding companies. The policy statement provides additional guidance on the Board's position on minority equity investments in banks and bank holding companies that generally do not constitute "control" for purposes of the Bank Holding Company Act."

  • Related postings on financial system
  • September 21, 2008
    September 17, 2008
    * Congress Passes ADA Amendments Act

    From the CRS summary of S. 3406, passed by the Senate on September 11, 2008: "ADA Amendments Act of 2008 - (Sec. 4) Amends the Americans with Disabilities Act of 1990 (ADA) to redefine the term "disability," including by defining "major life activities" and "being regarded as having such an impairment."

    Sets forth rules of construction regarding the definition of "disability," including that: (1) such term shall be construed in favor of broad coverage of individuals under the Act; (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and (4) the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.

    (Sec. 5) Prohibits employment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.)..."

    House Committee on Education and Labor: "The Americans with Disabilities Act of 1990 was intended to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Just as other civil rights laws prohibit entities from basing decisions on characteristics like race or sex, Congress wanted the ADA to stop employers from making decisions based on disability. Unfortunately, four U.S. Supreme Court decisions have narrowed the definition of disability so much that people with serious conditions such as epilepsy, muscular dystrophy, cancer, diabetes, and cerebral palsy have been determined to not meet the definition of disability under the ADA. The result: In 2004, plaintiffs lost 97% of ADA employment discrimination claims that went to trial, often due to the interpretation of definition of disability. People who are not hired or are fired because an employer mistakenly believes they cannot perform the job – or because the employer does not want “people like that” in the workplace – have been denied protection from employment discrimination due to these court decisions. This was not the intent of the ADA."

    September 13, 2008
    * Cmte. on Homeland Security: Giving a Voice to Open Source Stakeholders: A Survey of State, Local and Tribal Law Enforcement

    Giving a Voice to Open Source Stakeholders: A Survey of State, Local and Tribal Law Enforcement, Majority Staff Report, September 2008.

  • "Open source intelligence products can and should be shared with appropriate Federal, State, local and tribal law enforcement, and the private sector because of their unclassified nature. Unfortunately, DHS has not effectively exploited this type of information to provide essential analytical products. In fact, DHS’ efforts have lagged behind the rest of the Federal government. While the Office of the Director of National Intelligence (DNI) and the Central Intelligence Agency (CIA) have each established robust open source programs, DHS – the lead Federal agency responsible for sharing terrorism threat and vulnerability information with State
    and local law enforcement – has yet to articulate a vision for how it will collect, analyze and disseminate open source information. Seeking to bring about change at DHS, the House of Representatives, on July 30, 2008, approved H.R. 3815, the Homeland Security Open Source Information Enhancement Act of 2008, a bill introduced by Representative Ed Perlmutter (DCO) and a bipartisan group of Committee Members. This legislation requires the Secretary of
    Homeland Security to establish an open source program."
  • September 12, 2008
    * Baucus, Grassley Offer Tax Incentives for Clean Energy, Homegrown Jobs

    Finance leaders seek to extend wind, solar, other incentives America's energy, economic future: "Senate Finance Committee Chairman Max Baucus (D-Mont.) and Ranking Member Chuck Grassley (R-Iowa) today unveiled energy tax legislation that they intend to bring to the Senate for consideration this month. The Finance tax measures seek to reduce America's dependence on foreign oil and create good-paying, homegrown, clean energy jobs by providing credits and incentives to facilitate independent energy solutions. These include the production and use of wind and solar energy, biofuels, and carbon sequestration technologies. Provisions in the bill improve transportation and domestic fuel security, as well as conservation and energy efficiency. The cost of the package is offset in part with reductions in tax breaks for major oil and gas companies. The tax offsets in the package are used entirely for tax relief."

  • Related postings on climate change
  • September 09, 2008
    * Homeland Security Cmte. Report Examines Administration's Performance on Requirements in Implementing the 9/11 Commission Recommendations Act of 2007

    "Committee on Homeland Security Chairman Bennie G. Thompson (D-MS) announced the release of a report prepared by the Majority Staffs of the Committees on Homeland Security and Foreign Affairs. The report, entitled Wasted Lessons of 9/11: How the Bush Administration Has Ignored the Law and Squandered Its Opportunities to Make our Country Safer, examines the Administration’s performance on the requirements in H.R. 1, the Implementing the 9/11 Commission Recommendations Act of 2007. This comprehensive homeland security legislation was signed into law on August 3, 2007. The report surveys many of the key provisions and finds that little, incomplete, or no progress has been made on many of the key requirements of the law."

  • Related postings on 9/11
  • September 08, 2008
    * Justice Department to Monitor Primary Elections in New York City

    News release: "The Justice Department today announced that on Sept. 9, 2008, it will monitor the primary elections in New York (Manhattan), Kings (Brooklyn), and Queens Counties, N.Y., to ensure compliance with federal voting rights statutes, and specifically the minority language provisions of the Voting Rights Act."

  • More information about the Voting Rights Act and other federal voting laws is available on the Department of Justice Web site, here
  • .

    September 06, 2008
    * U.S. Transportation Secretary Announces Steps to Delay Highway Trust Fund Shortfall

    News release: "U.S. Secretary of Transportation Mary E. Peters today directed the Federal Highway Administration to take immediate steps to protect the solvency of the highway account of the Highway Trust Fund and called on Congress to act quickly to finally address this long-predicted problem...The Secretary said the legislation was needed now because Congress had failed to heed over three years of warnings from the President and the Department about the long-predicted highway trust fund shortfall. She added that the recent and sudden decline in American driving and the resulting decline in gas tax revenue during the summer had accelerated the predicted shortfall."

    August 31, 2008
    * FCC Seeks Comment on Implementation of NET 911 Improvement Act

    USDOJ: "Enhanced 911 systems would accommodate calls from Internet Protocol (IP)-enabled phones under rules proposed by the Federal Communications Commission (FCC). Electronic 911 (e-911) calls are routed to about 6,000 call centers nationwide (known as public safety answering points) using various technical protocols to identify the caller's location and the appropriate answering point to handle the call. FCC published a notice of proposed rulemaking on August 25, 2008 with the goal of ensuring that voice-over-IP (VOIP) service providers have access to the capabilities they need to provide 911 and e-911 services. FCC officials say the proposed rule is part of their effort to comply with provisions of the New and Emerging Technologies 911 Improvement Act of 2008, which became law on July 23, 2008."

    August 27, 2008
    * New: Congressional Committee Prints Browse Feature

    GPO Access: "To browse the current catalog of Congressional Committee Prints - available from 110th Congress, 1st Session (2007-2008) forward, click here. Links are included with each Congressional Committee print listed in the catalog, which retrieve the text of the corresponding document as an ASCII text or PDF file."

    August 20, 2008
    * CRS: Journalists’ Privilege: Overview of the Law and Legislation in the 109th and 110th Congresses

    Via FAS - CRS: Journalists’ Privilege: Overview of the Law and Legislation in the 109th and 110th Congresses, Updated July 29, 2008

    "In Branzburg v. Hayes, 408 U.S. 665, 679-680 (1972), the Supreme Court wrote journalists claim “that to gather news it is often necessary to agree either not to identify the source of information published or to publish only part of the facts revealed, or both; that if the reporter is nevertheless forced to reveal these confidences to a grand jury the source so identified and other confidential sources of other reporters will be measurably deterred from furnishing publishable information, all to the detriment of the free flow of information protected by the First Amendment.” The Court held, nonetheless, that the First Amendment did not provide even a qualified privilege for journalists to refuse “to appear and testify before state or federal grand juries.” The only situation it mentioned in which the First Amendment would allow a reporter to refuse to testify was in the case of “grand jury investigations … instituted or conducted other than in good faith…Official harassment of the press undertaken not for purposes of law enforcement but to disrupt a reporter’s relationship with his news sources would have no justification.”

    Though the Supreme Court concluded that the First Amendment does not provide a journalists’ privilege in grand jury proceedings, 49 states have adopted a journalists’ privilege in various types of proceedings; 33 have done so by statute, and 16 by court decision. Journalists have no privilege in federal proceedings. On July 6, 2005, a federal district court in Washington, DC, found Judith Miller of the New York Times in contempt of court for refusing to cooperate in a grand jury investigation relating to the leak of the identity of an undercover CIA agent. The court ordered Ms. Miller to serve time in jail. Ms. Miller spent 85 days in jail. She secured her release only after her informant, I. Lewis Libby, gave her permission to reveal his identity."

    August 13, 2008
    * New Congressional Database of Lobbyist Campaign Contributions
    • Senate Lobbying Contributions Database
    • House Lobbying Contributions Database
    • "The Honest Leadership and Open Government Act of 2007 requires lobbying registrants and individual lobbyists to file a semi-annual report of certain contributions, along with a certification that the filer understands the gift and travel rules of both the House and the Senate. These reports are due by July 30th (for the January through June reporting period) and by January 30th (for the July through December reporting period) or the next business day should either of those days fall on a weekend or holiday. Registrants, and each of their lobbyists, who were active for all or part of the semi-annual reporting period must file separate reports detailing certain FECA contributions, honorary contributions, presidential library contributions, and payments for event costs."
    July 31, 2008
    * House Approves Consumer Product Safety Legislation

    News release: "The U.S. House of Representatives today approved the Conference Report on H.R. 4040 the “Consumer Product Safety Improvement Act” under suspension of the rules...“This conference report represents the most significant overhaul of U.S. consumer product safety laws since the creation of the Consumer Product Safety Commission,” said House Committee on Energy and Commerce Chairman John Dingell.

    July 30, 2008
    * New on LLRX.com - Commentary: Congress and Immunity for Telecom Eavesdropping

    Commentary: Immunity for Telecom Eavesdropping - Beth Wellington's commentary tracks the legislative path of retroactive immunity for telecom eavesdropping. Published July 30, 2008.

    * Murtha Summary of the FY09 Defense Appropriations Bill

    "Congressman John P. Murtha, Chairman of the House Appropriations Subcommittee on Defense, announced today that the House Appropriations Subcommittee on Defense has marked-up the Fiscal Year 2009 Defense Appropriations Bill. The $487.7 billion bill is $4 billion below the President’s budget request and $28.4 billion above the Fiscal Year 2008 enacted level."

    * President Bush Signs Housing and Economic Recovery Act of 2008 Into Law

    Follow up to Senate Passes American Housing Rescue and Foreclosure Prevention Act of 2008, from the White House July 30, 2008 as the President signed the bill: "The Housing and Economic Recovery Act of 2008, which authorizes the Department of the Treasury to purchase obligations of housing Government Sponsored Enterprises (GSEs); reforms the regulatory supervision of the housing GSEs; provides reform of the Federal Housing Administration; provides homeownership assistance and reforms to mitigate recent increases in foreclosures; and contains housing-related tax incentives and other tax provisions."

    * Consumer Product Safety Improvement Act of 2008 Report Available Online

    The text of the Conference Report for H.R. 4040, the Consumer Product Safety Improvement Act of 2008 (183 pages, PDF).

  • August 15, 2008 news release: "Bipartisan legislation was signed into law on Thursday that protects children and consumers from toxic toys and other dangerous products by strengthening the Consumer Product Safety Commission (CPSC) and providing the agency with vital new tools to carry out its mission. The new law bans lead in toys and other children’s products and makes other important improvements to our nation’s consumer safety regime. It also provides tougher civil and criminal penalties for violations of safety laws, bans the resale of recalled products, and requires safety certifications and tracking labels for toys."

  • July 27, 2008
    * Senate Passes American Housing Rescue and Foreclosure Prevention Act of 2008

    Follow up to July 23, 2008 posting on the House passage of H.R. 3221, on July 26 the Senate passed the bill, which now goes to the President for signature.

  • CBS/AP: "Congress approved mortgage relief for 400,000 struggling homeowners Saturday as part of an election-year housing plan that also aims to calm jittery financial markets and bolster the sagging economy. President Bush said he would sign it promptly, despite reservations."
  • The bill "establishes the Federal Housing Finance Agency (FHFA), an independent agency, to oversee Fannie Mae, Freddie Mac and the Federal Home Loan Banks. Empowers FHFA with broad supervisory and regulatory powers over the operations, activities, corporate governance, safety and soundness, and mission of the GSEs [government-sponsored enterprises]. Provides new and more flexible authority to establish minimum and risk-based capital requirements."
  • July 23, 2008
    * House Passes American Housing Rescue and Foreclosure Prevention Act of 2008

    New York Times: "The House approved far-reaching government assistance on Wednesday for the nation’s housing market, including broad authority for the Treasury Department to protect the nation’s two largest mortgage finance companies from collapse."

    * CBO Cost Estimate: Medicare Improvements for Patients and Providers Act of 2008

    H.R. 6331, Medicare Improvements for Patients and Providers Act of 2008, July 23, 2008 - Direct spending and revenues effects estimate for the bill enacted as Public Law 110-275 on July 15, 2008

  • "CBO estimates that enacting H.R. 6331 will increase direct spending by less than $50 million over the 2008-2013 period and by $0.3 billion over the 2008-2018 period. In addition, the Joint Committee on Taxation (JCT) estimates that the act will increase federal revenues by $0.2 billion over the 2008-2013 period and by $0.4 billion over the 2008-2018 period. In total, CBO estimates that the act will reduce deficits (or increase surpluses) by $0.1 billion over the 2008-2013 period and by less than $50 million over the 2008-2018 period."
  • July 16, 2008
    * New GAO Reports: Aviation Security, Broadcasting to Cuba, Emergency Management, U.S. Africa Command
    • Aviation Security: Transportation Security Administration May Face Resource and Other Challenges in Developing a System to Screen All Cargo Transported on Passenger Aircraft, GAO-08-959T, July 15, 2008
    • Broadcasting to Cuba: Weaknesses in Contracting Practices Reduced Visibility into Selected Award Decisions, GAO-08-764, July 11, 2008
    • Department of Labor: Case Studies from Ongoing Work Show Examples in Which Wage and Hour Division Did Not Adequately Pursue Labor Violations, GAO-08-973T, July 15, 2008
    • Emergency Management: GAO Responses to Post-hearing Questions for the Record, GAO-08-1003R, July 15, 2008
    • Fair Labor Standards Act: Better Use of Available Resources and Consistent Reporting Could Improve Compliance, GAO-08-962T, July 15, 2008
    • Financial Management: FBI Has Designed and Implemented Stronger Internal Controls over Sentinel Contractor Invoice Review and Equipment Purchases, but Additional Actions Are Needed, GAO-08-716R, July 15, 2008
    • Force Structure: Preliminary Observations on the Progress and Challenges Associated with Establishing the U.S. Africa Command, GAO-08-947T, July 15, 2008
    • Los Alamos National Laboratory: Long-Term Strategies Needed to Improve Security and Management Oversight, GAO-08-694, June 13, 2008
    • National Airspace System: DOT and FAA Actions Will Likely Have a Limited Effect on Reducing Delays during Summer 2008 Travel Season, GAO-08-934T, July 15, 2008
    July 10, 2008
    * EPIC Calls for Protection of Passport Privacy During Senate Hearing

    "EPIC testified before the Senate Judiciary Committee [hearing: Passport Files: Privacy Protection Needed For All Americans], urging new protections for passport information privacy. The hearing, held at a time of increased information collection and dissemination by the government, addressed an Inspector General report [Review of Controls and Notification for Access to Passport Records in the Department of State’s Passport Information Electronic Records System (PIERS)]on data breaches at the State Department. EPIC's testimony recommended implementing the privacy protections of S. 495, the Personal Data Privacy and Security Act of 2007; limiting employee and contractor disclosures; increasing accounting requirements; and creating an independent privacy agency. In a FOIA request filed today, EPIC demanded the release of the complete Inspector General report, substantial portions of which have been withheld from the public."

    July 09, 2008
    * FISA Amendments Act of 2008 Passed by Senate

    On June 20, 2008 the House passed H.R. 6304, the FISA Amendments Act of 2008. Today the Senate passed the bill. Related commentary and articles as follows:

    • ACLU: Senate Passes Unconstitutional Spying Bill And Grants Sweeping Immunity To Phone Companies
    • New York Times: Senate Approves Bill to Broaden Wiretap Powers
    • WSJ Law Blog: "As the WSJ reports, the bill renews the legal backing for the federal government’s warrantless surveillance program, allowing the National Security Agency to listen in to Americans’ phone calls to people abroad and read emails sent to people overseas. It would also provide effective legal immunity for the telephone companies who agreed to government requests to access their customers’ phones and emails."
    • Closing Statement Of Sen. Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On Senate Consideration Of The FISA Amendments: "The bill, if adopted without amendment, seems intended to result in the dismissal of ongoing cases against the telecommunications carriers that participated in the warrantless wiretapping program, without allowing a court ever to review whether the program itself was legal. "

    * House Passes Bill to Preserve Electronic Records

    Bill Summary - H.R. 5811: The Electronic Message Preservation Act. Rep. Henry A. Waxman, Chairman, Committee on Oversight and Government Reform

  • "Investigations by the Oversight Committee have revealed significant deficiencies in the preservation of e-mail by the White House and federal agencies. H.R. 5811, the Electronic Message Preservation Act, introduced on April 15, 2008, by Reps. Waxman, Clay, and Hodes, modernizes the requirements of the Presidential Records Act and the Federal Records Act to ensure that these vital records are preserved for historians."
  • Related Legislation - Electronic Communications Preservation Act
  • July 08, 2008
    * New GAO Report Reveals Agencies are Not Complying with Requirements to Preserve E-mails

    Committee on Oversight: "Rep. Henry A. Waxman, Rep. Wm. Lacy Clay, and Rep. Paul W. Hodes released a new GAO report that finds that senior federal officials are failing to comply with requirements to preserve e-mail records. On Wednesday, the House is expected to consider legislation (H.R. 5811) to modernize the Federal Records Act and the Presidential Records Act to ensure the preservation of these important federal records.

    The new GAO report, Federal Records: National Archives and Selected Agencies Need to Strengthen E-Mail Management, finds:

    • All four of the agencies examined — the Department of Homeland Security, the Department of Housing and Urban Development, the Environmental Protection Agency, and the Federal Trade Commission — are relying on outdated and unreliable “print and file” systems for preserving e-mail records.
    • Senior agency officials did not fully comply with key requirements for preserving e-mail records. GAO reviewed the practices of 15 senior agency officials in the four agencies and found that a majority of these officials failed to manage their e-mail records in accordance with regulatory requirements. E-mails were not retained in adequate recordkeeping systems, making the e-mail records easier to lose, harder to find, and vulnerable to deletion or other tampering. Inadequate oversight and training within agencies contributed to the inconsistent compliance with preservation requirements..."

    * National War Powers Commission Report Released

    News release: "The Miller Center's National War Powers Commission, co-chaired by former Secretaries of State James A. Baker, III and Warren Christopher, today recommended that Congress repeal the War Powers Resolution of 1973 and substitute a new statute that would provide for more meaningful consultation between the president and Congress on matters of war.

    In a report released today after 13 months of study, the Commission concluded that the War Powers Resolution of 1973 has failed to promote cooperation between the two branches of government and recommended that Congress pass a new statute – the War Powers Consultation Act of 2009 – that would establish a clear process on decisions to go to war. The Miller Center impaneled the National War Powers Commission in February 2007. This bipartisan commission met seven times, interviewing more than 40 witnesses about the respective war powers of the president and Congress."

    July 06, 2008
    * DHS 2008 Data Mining Letter Report

    2008 Data Mining Letter Report (PDF, 46 pages): "This is the third report by the Privacy Office to Congress on data mining. This letter report identifies the data mining activities deployed or under development within DHS, as defined by the Data Mining Reporting Act, and describes the framework the Department will use to report on such activities in the future pursuant to Section 804 of the Implementing Recommendations of the 9/11 Commission Act of 2007, entitled, The Federal Agency Data Mining Reporting Act of 2007 (Data Mining Reporting Act)."

    July 02, 2008
    * DOJ Announces Final National Guidelines for Sex Offender Registration and Notification

    News release: "The Department of Justice today announced the final guidelines for Title I of the Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act (SORNA). The Guidelines provide necessary tools for states, the District of Columbia, territories and certain federally recognized Indian tribes to incorporate SORNA minimum requirements into their sex offender registration and notification programs...Today's final guidelines provide direction and assistance to all jurisdictions in their efforts to meet the minimum standards of the Adam Walsh Act. Since the enactment of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act in 1994, all states, the District of Columbia and two territories currently have some form of a sex offender registration and notification program. On July 27, 2006, President Bush signed into law the Adam Walsh Child Protection and Safety Act which dramatically enhanced the effectiveness of current programs by establishing a new comprehensive set of minimum standards for sex offender registration and notification throughout the United States."

    July 01, 2008
    * United States Copyright Office Releases Section 109 Report

    News release: "After more than a year of intensive study, the U.S. Copyright Office issued its report on whether to maintain, modify or eliminate Sections 111, 119 and 122 of the Copyright Act. It will serve as the basis for discussion for possible changes to the statutory licenses. Section 109 of the Satellite Home Viewer Extension and Reauthorization Act (SHVERA) of 2004 requires the Copyright Office to examine and compare the statutory licensing systems for the cable and satellite television industries under Sections 111, 119 and 122 of the Copyright Act and recommend any necessary legislative changes no later than June 30, 2008."

  • Section 109 Study on the Cable and Satellite Statutory Licenses under the Copyright Act (274 pages, PDF)
  • * Committee Chairs Introduce Bill to Strengthen GAO

    "Chairman Henry A. Waxman and 18 other committee chairs introduced legislation to strengthen the Government Accountability Office (GAO) and restore GAO’s authority to pursue litigation if documents are improperly withheld from the agency. One key provision of the Government Accountability Office Improvement Act of 2008 (H.R. 6388) repudiates the district court decision in Walker v. Cheney and reaffirms GAO’s authority to go to court when agencies or the White House refuse to provide access to records. Other provisions of this bill give GAO authority to interview federal employees and administer oaths. The bill also affirms GAO’s right to obtain records from three agencies that have sometimes thwarted GAO oversight by denying access to documents: the Centers for Medicare and Medicaid Services, the Food and Drug Administration, and the Federal Trade Commission."

    June 26, 2008
    * Statutes at Large 109th Congress, 2nd Session Available Online

    "The United States Statutes at Large, typically referred to as the Statutes at Large, is the permanent collection of all laws and resolutions enacted during each session of Congress. The Statutes at Large is prepared and published by the Office of the Federal Register (OFR), National Archives and Records Administration (NARA). Every public and private law passed by Congress is published in the Statutes at Large, in order of the date it was enacted into law. 109th Congress, 2nd Session (2006), Volume 120 Only."

    June 24, 2008
    * DOD - Measuring Stability and Security in Iraq

    Measuring Stability & Security in Iraq — (06/16/2008): "The following reports to Congress are submitted pursuant to the section entitled “Measuring Stability and Security in Iraq” of House Conference Report 109-72 accompanying H.R. 1268, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13."

  • "The strategic goal of the United States in Iraq remains a unified, democratic and federal Iraq that can govern, defend and sustain itself and is an ally in the war on terror. The United States
    is pursuing this goal along political, security, economic and diplomatic lines of operation. This report measures progress toward achieving this goal during the reporting period (March through May 2008) and highlights challenges to Iraqi and Coalition efforts to achieve their mutual objectives. The security environment in Iraq continues to improve, with all major violence indicators reduced between 40 to 80% from pre-surge levels. Total security incidents have fallen to their lowest level in over four years."
  • June 22, 2008
    June 19, 2008
    * Bipartisan FISA Compromise Reached

    News release: "Senate Intelligence Committee Chairman John “Jay” Rockefeller (WV), Senate Intelligence Committee Vice-Chair Kit Bond (MO), House Majority Leader Steny Hoyer (MD), and House Minority Whip Roy Blunt (MO) announced today that a bipartisan compromise has been agreed to that will modernize the Foreign Intelligence Surveillance Act. The FISA Amendments Act, H.R. 6304 (114 pages, PDF), will increase the nation’s security by strengthening the ability of the intelligence community to conduct lawful surveillance of terrorists, as well as protect constitutional rights by requiring warrants before the government can surveil any American."

  • Computerworld: "The U.S. House of Representatives has approved legislation that would continue a controversial surveillance program at the U.S. National Security Agency with limited court oversight, while likely ending lawsuits against telecommunications carriers that participated in the program. The House on Friday voted 293 to 129 to approve a bill that was a compromise between congressional Democrats and President George Bush."
  • June 10, 2008
    * Working Paper: Do Data Breach Disclosure Laws Reduce Identity Theft?

    Do Data Breach Disclosure Laws Reduce Identity Theft? Sasha Romanosky, Rahul Telang, Alessandro Acquisti, Heinz School of Public Policy and Management, Carnegie Mellon University

  • "Identity theft resulted in corporate and consumer losses of $56 billion dollars in 2005, with about 30% of known identity thefts caused by corporate data breaches. Many US states have responded by adopting data breach disclosure laws that require firms to notify consumers if their personal information has been lost or stolen. While the laws are expected to reduce losses, their full effects have yet to be empirically measured. We use a panel from the US Federal Trade Commission with state and time fixed-effects regression to estimate the impact of data breach disclosure laws on identity theft over the years 2002 to 2006. We find no statistically significant effect that laws reduce identity theft, even after considering income, urbanization, strictness of law and interstate commerce. If the probability of becoming a victim conditional on a data breach is very small, then the law’s maximum effectiveness is inherently limited. Quality of data and the possibility of reporting bias also make proper identification difficult. However, we appreciate that these laws may have other benefits such as reducing a victim’s average losses and improving a firm’s security and operational practices."

  • June 09, 2008
    * CBO: Federal Housing Finance Regulatory Reform Act of 2008, Resource Implications of the Navy's FY09 Shipbuilding Plan
    • Federal Housing Finance Regulatory Reform Act of 2008 June 9, 2008: Cost estimate for the bill as ordered reported by the Senate Committee on Banking, Housing, and Urban Affairs on May 20, 2008. "This legislation would make a number of changes in federal housing policy...[It would] establish a single regulator—the Federal Housing Finance Agency (FHFA)— for government-sponsored enterprises (GSEs) involved in the home mortgage market. GSEs are privately owned, Congressionally chartered financial institutions created to enhance the availability of mortgage credit. The GSEs that would be regulated by FHFA include the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal Home Loan Banks (FHLBs)."
    • Resource Implications of the Navy's Fiscal Year 2009 Shipbuilding Plan, June 9, 2008. Letter to the Honorable Gene Taylor, Chairman, Subcommittee on Seapower and Expeditionary Forces Committee on Armed Services: "Executing the Navy’s most recent 30-year shipbuilding plan would cost an average of about $27 billion a year (in 2009 dollars), or more than double the $12.6 billion a year that the Navy has spent, on average, since 2003."
    * Committee Report to Accompany the National Aeronautics and Space Administration Authorization Act
    May 28, 2008
    * New on LLRX.com

    Commentary: Lilly Ledbetter Fair Pay Act of 2007 - Beth Wellington focuses on the issue of pay inequity through an exploration of the positions taken by the administration, Congress, the Supreme Court and various journalists.

    May 21, 2008
    * New on LLRX.com - Plain Language in Government Communications

    The Government Domain: Plain Language in Government Communications: Peggy Garvin demonstrates the impact of the Plain Language in Government Communications Act of 2008 on the accessibility of content posted on e-government websites. — Published May 20, 2008

    May 20, 2008
    * Food, Conservation and Energy Act of 2008 Removes Enron Loophole and

    Food, Conservation and Energy Act of 2008 Removes Enron Loophole and
    Reforms Electronic Energy Markets
    , James Hamilton, J.D., LL.M., CCH Principal Analyst.

  • "A measure reauthorizing the CFTC and closing the Enron loophole is included in the massive Farm Bill that has been reported out of a House-Senate conference, passed by Congress, and awaits presidential action. Provisions in the Food, Conservation and Energy Act of 2008 (HR 2419) would end the Enron-inspired exemption from federal oversight now provided to electronic energy trading markets set up for large traders. It will ensure the ability of the CFTC to police all U.S. energy exchanges to prevent price manipulation and excessive speculation. These bipartisan provisions would give the CFTC the ability to scrutinize these transactions in energy commodities and prosecute traders that are manipulating energy prices. The House passed the bill by a 318-106 vote; the Senate vote was 81-15."
  • May 14, 2008
    * Report: Capping Co2 Emissions, Boosting Energy Costs

    H. Sterling Burnett and D. Sean Shurtleff, Capping CO2 Emissions, Boosting Energy Costs, National Center for Policy Analysis, Brief Analysis No. 617, May 13, 2008.

  • "Bills recently introduced in Congress would control greenhouse gas emissions through cap-and-trade schemes. They would place an upper limit, or cap, on the overall level of emissions, and then distribute or sell to companies or industries emissions credits -- rights to emit specific amounts of greenhouse gases. However, the proposals unveiled so far would harm the U.S. economy, disproportionately hurt the poor and fail to produce the environmental benefits promised by proponents, say H. Sterling Burnett, a senior fellow and D. Sean Shurtleff, a graduate student fellow with the National Center for Policy Analysis. The Environmental Protection Agency (EPA) recently analyzed the three most prominent cap-and-trade Senate bills. The EPA found any of the three would reduce U.S. greenhouse gas emissions below current levels."
  • May 13, 2008
    * Plain Language in Government Communications Act of 2008 Passed by House

    H.R. 3548: Plain Language in Government Communications Act of 2008 - To enhance citizen access to Government information and services by establishing plain language as the standard style for Government documents issued to the public, and for other purposes. [UsabilityNews.com via Darlene Fichter]

    May 02, 2008
    * An Introductory Resource Guide to Implementing the Health Insurance Portability and Accountability Act

    "NIST announces the release of the public draft of Special Publication 800-66 Revision 1, An Introductory Resource Guide to Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule (Draft). This Special Publication (SP), which discusses security considerations and resources that may provide value when implementing the requirements of the HIPAA Security Rule, was written to help educate readers about information security terms used in the HIPAA Security Rule and to improve understanding of the meaning of the security standards set out in the Security Rule, direct readers to helpful information in other NIST publications on individual topics the HIPAA Security Rule addresses, and aid readers in understanding the security concepts discussed in the HIPAA Security Rule. This publication does not supplement, replace, or supersede the HIPAA Security Rule itself. Comments on Draft SP 800-66 Revision 1 will be accepted through June 13, 2008."

    April 30, 2008
    * EIA: Energy Market and Economic Impacts
    • May 2008 Petroleum Marketing Monthly With Data for February 2008 (04/30/2008): "Monthly price and volume statistics on crude oil and petroleum products at a national, regional and state level."
    • April 2008 Natural Gas Monthly With Data for February 2008 (04/30/2008): "Natural and supplemental gas production, supply, consumption, disposition, storage, imports, exports, and prices in the United States.
    • State-Level Energy Production Annual Time Series Through 2005 (04/30/2008): "State-level energy production annual time series are now available in the State Energy Data System (SEDS). Included are: coal, crude oil, and natural gas production estimates in physical units and British thermal units (Btu); total energy production estimates in Btu comprising fossil fuel production, renewable energy production, and nuclear electric power generation; rankings of production by State; and comparisons of State-level production and consumption. Time series cover 1960-2005 except for natural gas and total production, which span 1970-2005. Data are provided in tables of PDF and Excel format, as well as in a comma-separated data file. Detailed documentation of data sources and estimation methodologies is also provided."
    • Energy Market and Economic Impacts of S.2191, the Lieberman-Warner Climate Security Act of 2007 (04/30/2008): "This report responds to a request from Senators Lieberman and Warner for an analysis of S.2191, the Lieberman-Warner Climate Security Act of 2007. S.2191 is a complex bill regulating emissions of greenhouse gases through market-based mechanisms, energy efficiency programs, and economic incentives. This analysis focuses on the impacts of the greenhouse gas cap-and-trade program established under Title I of S. 2191.
    * Overview of State Legislation Related to Immigrants and Immigration

    National Conference of State Legislatures: "This report, Overview of State Legislation Related to Immigrants and Immigration, January - March 2008, provides a first look at introduced legislation in 2008 and presents selected examples of enacted laws relating to immigrants and refugees. This process of legislative tracking and reporting is based on a comprehensive and inclusive methodology and captures all state legislation in which immigrants – whether authorized or unauthorized, temporary migrants, aliens and refugees – are affected.

    As of March 31, 2008, at least 1,106 bills have been considered in 44 states this year. Twenty-six states have enacted 44 laws and adopted 38 resolutions or memorials.

    This level of activity is comparable to last year, when 1,169 bills and resolutions had been introduced (as of April 13, 2007). At this time last year, 18 states had enacted 57 laws related to immigrants and immigration. State legislatures had also adopted at least 19 resolutions and memorials.

    States continue to address both enforcement and integration issues related to immigrants. As in recent years, the top three areas of interest are law enforcement, employment, and identification documents."

    April 28, 2008
    * Senate Approves Health Privacy Bill

    "The Center for Democracy and Technology applauds the Senate's passage of HR 493, the Genetic Information Nondiscrimination Act of 2007 (GINA) by unanimous consent. The House is expected to quickly pass the measure. The bill represents a significant step forward in protecting health privacy because it prohibits the use of genetic information by employers when making hiring decisions or by health insurers when making coverage decisions or adjusting premiums. Under GINA, employers and insurers also would not be allowed to impose genetic testing requirements. CDT is urging the President to quickly sign the bill into law."

    April 27, 2008
    * Orphan Works Act of 2008 Introduced in House and Senate

    The Orphan Works Act of 2008 (HR 5889 and S 2913) "attempts to create a system where new creators can use old works without fear of massive lawsuits, provided that a good faith effort has been made to find out if the work in question is copyrighted." [Link]

    April 23, 2008
    * Proposed Regulations to Strengthen No Child Left Behind

    News release: "On April 22, 2008, Secretary Spellings announced proposed regulations to strengthen and clarify No Child Left Behind. The proposed regulations focus on improved accountability and transparency, uniform and disaggregated graduation rates, and improved parental notification for supplemental educational services and public school choice. Below are documents that were released at the announcement.

    April 22, 2008
    * CBO Cost Estimate for Medicaid Safety Net Act of 2008

    H.R. 5613, Protecting the Medicaid Safety Net Act of 2008, April 22, 2008: "Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on April 16, 2008."

  • "H.R. 5613 would extend existing moratoria on certain regulatory actions taken by the Centers for Medicare & Medicaid Services (CMS) with regard to the Medicaid program. Those actions are related to payments for services furnished by public providers, for graduate
    medical education, for school-based administration and transportation services, and for rehabilitation services. In addition, the bill would impose new moratoria on Medicaid regulations involving targeted case-management services and provider taxes and on a proposed regulation involving outpatient hospital services. The bill would appropriate $5 million to study the effects of these regulations on the Medicaid program."
  • April 20, 2008
    * Economic and Housing Rescue Legislation Introduced in the House

    News release: "In response to the nationwide economic downturn caused by the housing and credit crisis, members of the House Financial Services Committee today introduced legislation to combat the unprecedented rise in foreclosures, and the associated impact on cities and states. The legislation first announced by Chairman Barney Frank in March, will be divided into two measures: H.R. 5830, the FHA Housing and Homeowner Retention Act, to expand the FHA program to help refinance at-risk borrowers into viable mortgages and also requires the Federal Reserve Board to conduct a study on the need for an auction or bulk refinancing mechanism. The second measure, H.R. 5818, the Neighborhood Stabilization Act of 2008, introduced by Subcommittee on Housing and Community Opportunity Chairwoman Maxine Waters, will provide loans and grants to states and cities to deal with problems associated with large numbers of foreclosures in neighborhoods across the country." [graphic from AP on proposed plan to help homeowners]

    * CIA Proposed Rule Modifying Freedom of Information Act Procedures

    "Consistent with the Freedom of Information Act (FOIA), as amended by the Openness Promotes Effectiveness in our National Government Act of 2007, and Executive Order 13392, the Central Intelligence Agency (CIA) has undertaken and completed a review of its public FOIA regulations that govern certain aspects of its processing of FOIA requests. As a result of this review, the Agency proposes to revise its FOIA regulations to more clearly reflect the current CIA organizational structure, record system configuration, and FOIA policies and practices and to eliminate ambiguous, redundant and obsolete regulatory provisions. As required by the FOIA, the Agency is providing an opportunity for interested persons to submit comments on these proposed regulations." [Federal Register: April 17, 2008 (Volume 73, Number 75)] [Proposed Rules][Page 20882-20884]

    April 16, 2008
    * International Violence Against Women: U.S. Response and Policy Issues

    CRS Report: International Violence Against Women: U.S. Response and Policy Issues, March 31, 2008

  • "In recent years, the international community has increasingly recognized international violence against women (VAW) as a significant human rights and global health issue. VAW, which can include both random acts of violence as well as sustained abuse over time, can be physical, psychological, or sexual in nature. Studies have found that VAW occurs in all geographic regions, countries, cultures, and economic classes, with some surveys showing that women in developing countries experience higher rates of violence than those in developed countries. Many experts view VAW as a symptom of the historically unequal power relationship between men and women, and argue that over time this imbalance has led to pervasive cultural stereotypes and attitudes that perpetuate a cycle of violence...This report addresses causes, prevalence, and consequences of violence against women. It provides examples of U.S. activities that address VAW directly or include anti-VAW components. It also outlines possible policy considerations for the 110th Congress, including the scope and effectiveness of current U.S. programs; further integrating anti-VAW programs into U.S. assistance and foreign policy mechanisms; strengthening U.S. government coordination of international anti-VAW activities; and collaborating with international organizations such as the United Nations on anti-VAW efforts."
  • April 15, 2008
    * CBO: Cost Estimate for S. 2191, America's Climate Security Act of 2007
    April 08, 2008
    * Honoring the sacrifice of the members of the United States Armed Forces who have been killed in Iraq and Afghanistan

    110th CONGRESS, 2d Session, S. RES. 501: Honoring the sacrifice of the members of the United States Armed Forces who have been killed in Iraq and Afghanistan.

    April 06, 2008
    April 02, 2008
    * Congressional Pig Book 2008: Annual Compilation of Pork-Barrel Projects in Federal Budget.

    News release: "Citizens Against Government Waste (CAGW) today released the 2008 Congressional Pig Book, the latest installment in an 18-year exposé of pork-barrel spending...In fiscal year 2008, Congress stuffed 11,610 projects (the second highest total ever) worth $17.2 billion into the 12 appropriations bills. That is a 337 percent increase over the 2,658 projects in fiscal year 2007, and a 30 percent increase over the $13.2 billion total in fiscal year 2007. Alaska led the nation with $556 in pork per capita ($380 million total), followed by Hawaii with $221 ($283 million) and North Dakota with $208 ($133 million). CAGW has identified $271 billion in total pork since 1991."

    April 01, 2008
    * Review of CBO's Activities in 2007 Under the Unfunded Mandates Reform Act

    A Review of CBO's Activities in 2007 Under the Unfunded Mandates Reform Act, March 2008.

  • "The Unfunded Mandates Reform Act of 19951 (UMRA) established procedures for providing information to the Congress about the effects of legislative provisions on state, local, and tribal governments and on private entities. The Congressional Budget Office (CBO) is required
    to estimate whether the direct costs of intergovernmental and private-sector mandates contained in legislative proposals exceed statutory thresholds, which were set for 1996 at $50 million for intergovernmental mandates and $100 million for private-sector mandates. In 2007, those thresholds, which are adjusted annually for inflation, were $66 million and $131 million, respectively."
  • March 28, 2008
    * FTC Staff Report, Protecting Consumers in the Next Tech-ade

    News release: "The Commission has issued a staff report highlighting the challenges of consumer protection in the face of emerging and evolving technologies in the next ten years. The report summarizes the proceedings of the FTC’s three-day public hearings, “Protecting Consumers in the Next Tech-ade,” and which will inform its consumer protection efforts in the next decade. TThe report explains the FTC will work to prevent Internet fraud by using its new powers under the U.S. SAFE WEB Act to coordinate and cooperate more closely with foreign consumer protection officials, ensure that consumer-producers who engage in activities to market and advertise products for consideration do so within the confines of laws prohibiting unfair or deceptive acts or practices in trade, and develop new strategies and to harness the power of technology to deliver timely and effective consumer education messages."

  • Protecting Consumers in the Next Tech-ade: A Report by the Staff of the Federal Trade Commission, March 2008 (50 pages, PDF)
  • March 25, 2008
    * Leahy, Specter Call For DOJ Investigation Into Passport Data Breach At State Department

    Follow up to State Department Acknowledges Unauthorized Access to Passport Records of Presidential Candidates, today's news release: "Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Ranking Member Arlen Specter (R-Pa.) today urged the Attorney General to take immediate action to investigate reported breaches of the passport files of the three presidential candidates at the State Department. Attorney General Michael Mukasey stated last week that the Justice Department would await the outcome of an internal investigation at the State Department before taking action.

    “We both strongly believe that our government has a duty to protect the private information of its citizens,” wrote Leahy and Specter. “The Justice Department should not wait to be handed ‘a box full of evidence,’ as you said at your recent briefing, before determining whether Federal laws were broken.”

    See also Personal Data Privacy and Security Act and Summary of the Leahy-Specter data privacy legislation.

    March 23, 2008
    * Congressional Watchdog Site Launched

    "Change Congress is a movement to build support for basic reform in how our government functions. Using our tools, both candidates and citizens can pledge their support for basic changes to reduce the distorting influence of money in Washington. Our community will link candidates committed to a reform with volunteers and contributors who support it."

  • Principals: "Lawrence Lessig, a professor at Stanford Law School, is a leading thinker on technology and Internet policy. He is the founder of Creative Commons and author of Code, The Future of Ideas, and Free Culture and Joe Trippi, whom The New Republic called "the man who reinvented campaigning," is the founder of Trippi & Associates."
  • March 13, 2008
    * DOJ OIG: A Review of the FBI’s Use of National Security Letters

    Department of Justice Office of Inspector General: A Review of the FBI’s Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006, March 2008, Unclassified, (187 pages, PDF)

  • Related postings on National Security Letters
  • * DOJ OIG: A Review of the FBI’s Use of Section 215 Orders for Business Records

    Department of Justice Office of Inspector General: A Review of the FBI’s Use of Section 215 Orders for Business Records in 2006, March 2008, Unclassified (99 pages, PDF)

  • Related postings on Section 215 of the Patriot Act
  • March 12, 2008
    * DOD Report to Congress: Measuring Stability and Security in Iraq

    Measuring Stability and Security in Iraq, March 2008 Report to Congress, In accordance with the Department of Defense Appropriations Act 2008 (Section 9010, Public Law 109-289)...submitted pursuant to the section entitled “Measuring Stability and Security in Iraq” of House Conference Report 109-72 accompanying H.R. 1268, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13.

  • "The strategic goal of the United States in Iraq remains a unified, democratic and federal Iraq that can govern, defend and sustain itself and is an ally in the war on terror. This goal is being pursued along political, security, economic and diplomatic lines of operation. This report measures progress toward achieving that goal during the reporting period (December 2007 through February 2008) and challenges to the Iraqi and Coalition efforts to achieve their mutual objectives."
  • * House Establishes Independent Ethics Board

    News release: "To increase the public trust in Congress, the House has just passed H.Res. 895, to strengthen congressional ethics enforcement with a new Office of Congressional Ethics (OCE)...The office would be led by a panel of six board members appointed jointly by the House Speaker and the Minority Leader...The commission would screen ethics allegations made against House members and pass matters along to the House Ethics Committee for their review. The OCE has the responsibility to make findings of fact regarding a potential ethics matter and to recommend to the House Ethics Committee whether the matter should be the subject of a further inquiry by the Ethics Committee. The OCE shall not offer conclusions regarding the validity of the allegations or the guilt or innocence of the person subject to the review – such matters are solely under the purview of the Ethics Committee."

    March 11, 2008
    * CDT: Commission Needed to Explore Revamping Privacy Act

    "The Privacy Act of 1974 is in need of improvements to ensure its relevance into the future, CDT Deputy Director Ari Schwartz said in testimony before a congressional panel today. The Act’s limitations are particularly apparent with regard to government use of commercially compiled personal information, Schwartz told the Information Policy, Census, and National Archives Subcommittee. Commercial information plays a key role in important government functions, like law enforcement and national security. However, agencies relying on that data should have clear guidelines on its use. The role Privacy Impact Assessments play in protecting privacy is essential. Two bills help bolster PIAs: S.2341 lays out "best practices" guidelines and HR 4791 requires PIAs for government use of commercial databases. CDT believes Congress should create a Commission to review the Act and suggest possible reforms. March 11, 2008."

  • Ari Schwartz testimony before a House Government Affairs Subcommittee [PDF] March 11, 2008
  • * New GAO Reports: Stabilizing and Rebuilding Iraq, Presidential Signing Statements, Mineral Revenues, Joint Strike Fighter

  • Stabilizing and Rebuilding Iraq: Actions Needed to Address Inadequate Accountability over U.S. Efforts and Investments, GAO-08-568T, March 11, 2008

  • Presidential Signing Statements: Agency Implementation of Selected Provisions of Law, GAO-08-553T, March 11, 2008

  • Mineral Revenues: Data Management Problems and Reliance on Self-Reported Data for Compliance Efforts Put MMS Royalty Collections at Risk, GAO-08-560T, March 11, 2008

  • Homeland Security: DHS Improved its Risk-Based Grant Programs' Allocation and Management Methods, But Measuring Programs' Impact on National Capabilities Remains a Challenge, GAO-08-488T, March 11, 2008

  • Defense Management: DOD Needs to Reexamine Its Extensive Reliance on Contractors and Continue to Improve Management and Oversight
    GAO-08-572T, March 11, 2008

  • Privacy: Government Use of Data from Information Resellers Could Include Better Protections, GAO-08-543T, March 11, 2008

  • Joint Strike Fighter: Impact of Recent Decisions on Program Risks GAO-08-569T, March 11, 2008

  • Joint Strike Fighter: Recent Decisions by DOD Add to Program Risks, GAO-08-388, March 11, 2008

  • Status of Selected Aspects of the Coast Guard's Deepwater Program , GAO-08-270R, March 11, 2008
  • * House Democrats Reject Telecom Immunity

    House Democratic Majority Leader/AP: "Locked in a standoff with the White House, House Democrats on Tuesday maintained their refusal to shield from civil lawsuits telecommunications companies that helped the government eavesdrop on their customers without a secret court's permission. But they offered the companies an olive branch: the chance to use classified government documents to defend themselves in court. House Democratic leaders unveiled a bill that they hoped would bridge the gap between the electronic surveillance bill passed by the Senate last month and a rival version the House approved last fall. Both bills are attempts to update the 1978 Foreign Intelligence Surveillance Act, the law that dictates when the government needs court permission to conduct electronic eavesdropping inside the United States. The law has taken on particular importance in the global effort to thwart terrorists since the 2001 attacks on the United States.

    • Director of National Intelligence, March 11, 2008: "We understand that the leadership of the House of Representatives intends to introduce a new bill related to the Foreign Intelligence Surveillance Act of 1978 (FISA). Based on initial summaries of what the proposal contains, we are concerned that the proposal would not provide the Intelligence Community the critical tools needed to protect the country. The Senate already has passed a bipartisan bill that would give our intelligence professionals the tools they need to keep America safe. The bipartisan bill was carefully crafted to ensure important intelligence operations were not harmed by new legislation."

    • ACLU - New FISA Compromise Is an Improvement, Still Raises Concerns: "While we still have concerns about aspects of the new House FISA bill, the American Civil Liberties Union is encouraged by the new draft – particularly the language on state secrets, which would allow the cases to go forward while allowing the telecommunications companies to assert any defenses. We commend House leadership for keeping the courthouse door open. And in particular, we applaud the House for refusing to adopt the overreaching FISA Amendments Act, which would give the executive branch carte blanche to wiretap on US soil and grant complete retroactive immunity to telecommunications companies that facilitated years of illegal surveillance. We are also heartened by the role retained by the FISA court in overseeing the program as well as the two-year sunset on the legislation."

    March 10, 2008
    * House Concurrent Resolution on the Budget - FY09

    House Concurrent Resolution on the Budget - FY09: H. CON. RES. 312 accompanied by House Report 110-543. Revising the cong. budget for the U.S. Gov't for FY08, establishing the cong. budget for the U.S. Gov't for FY09, and setting forth appropriate budgetary levels for fiscal years 2010 - 2013.

    March 04, 2008
    * Commerce OIG: National Marine Sanctuary Program Protects Certain Resources, But Further Actions Could Increase Protection

    National Marine Sanctuary Program Protects Certain Resources, But Further Actions Could Increase Protection - Inspection: IPE-18591, February 2008 (72 pages, PDF)

  • "The National Marine Sanctuary System was established by the Marine Protection, Research, and Sanctuaries Act of 1972. The act authorizes the Secretary of Commerce to designate and manage areas of the marine environment with special national significance due to their conservation, scientific, cultural, historical, or educational qualities as national marine sanctuaries. The system now includes 13 marine sanctuaries and one national monument (see figure 1).1 National marine sanctuaries range in size from one-quarter square mile in American Samoa’s Fagatele Bay to more than 5,300 square miles in Monterey Bay, California. At 138,000 square miles, Papahanaumokuakea Marine National Monument—added in 2006—is the largest marine protected area in the world. All total, the sanctuaries and marine monument now
    encompass more than 158,000 square miles of ocean and Great Lakes
    marine habitats. The special habitats of the sanctuaries include deep ocean and near-shore coral reefs, whale migration corridors, deep sea
    canyons, areas of deep water upwelling, seamounts, kelp forests, and sea grass beds. Historic shipwrecks are also part of the system."
  • March 03, 2008
    February 28, 2008
    February 27, 2008
    * CDT Public Policy Briefing on E-Government Re-authorization Act

    Center for Democracy and Technology: "For five years, the E-Government Act has promoted improvements in the federal government's use of information technology. The Act has improved the public's access to government information resources as well as creating protections for personal information. The 2002 Act expired in 2007, and a 2007 E-Government Reauthorization Act (S. 2321) passed out of the Senate Homeland Security and Government Affairs Committee and should be sent to the Senate floor soon."

    February 26, 2008
    * C-SPAN Congressional Chronicle

    "The C-SPAN Congressional Chronicle is an index to the C-SPAN video recordings of the House and Senate floor proceedings. The video recordings are matched with the text of the Congressional Record as soon as the Record is available. It only includes members who appeared on the floor to deliver or insert their remarks. The text included here is what the member submitted. Each appearance has a video link where users can watch and listen to the actual remarks."

    * Judiciary Backs Reducing Disparity of Crack/Powder Cocaine Sentences

    Hearing on Cracked Justice – Addressing the Unfairness in Cocaine Sentencing, House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security, February 26, 2008.

  • Hon. Reggie B. Walton Judge, United States District Court for the District of Columbia, Washington, DC...told a House subcommittee that the policy-making Judicial Conference of the United States "strongly supports legislation to reduce the unsupportable sentencing disparity between crack and powder cocaine."

  • Related postings on sentencing guidelines
  • February 25, 2008
    * Snowe Introduces Bi-Partisan Legislation Aimed at Protecting Nation's Internet Users

    News release: "A bi-partisan group of Senators from the Commerce, Science and Transportation Committee led by U.S. Senators Olympia J. Snowe (R-Maine), Bill Nelson (D-Florida) and the Committee’s Ranking Member Ted Stevens (R-Alaska), introduced today bi-partisan legislation aimed at ending the deceptive practice known as phishing. The Anti-Phishing Consumer Protection Act of 2008 would prohibit phishing – the deceptive solicitation of a consumer’s personal information through the use of emails, instant messages, and misleading websites that trick recipients into divulging their information for the purpose of identity theft. The legislation would also prohibit related abuses, such as the practice of using fraudulent or misleading domain names, by defining them as deceptive practices under the FTC Act."

    February 20, 2008
    * D.C. Circuit's Decision Vacating the FCC's Denial and Dismissal of the Gulf Coast Migratory Birds Petition

    Statement of FCC Commissioner Copps in Response to the D.C. Circuit's Decision Vacating the FCC's Denial and Dismissal of the Gulf Coast Migratory Birds Petition: "For years, I have been disappointed with the FCC’s failure to get serious about its environmental responsibilities. Now the D.C. Circuit has affirmed something this agency should have acknowledged a long time ago: that the National Environmental Protection Act, the Endangered Species Act, and the Migratory Bird Treaty Act require the FCC to take a hard look at the effects of communications towers on migratory birds."

  • American Bird Conservancy, Inc. and Forest Conservation Council,
    v. Federal Communications Commission, Decided February 19, 2008
    No. 06-1165
    , United States Court of Appeals For the District of Columbia Circuit
  • February 18, 2008
    * Largest Beef Recall in U.S. History Issued by USDA

  • Statement by Secretary of Agriculture Ed Schafer Regarding Hallmark/Westland Meat Packing Company Two Year Product Recall(02-17-2008)

  • Questions and Answers Hallmark/Westland Meat Packing CO. - February 17, 2008

  • Audio: Technical Briefing Regarding Hallmark/Westland Meat Packing Company Two Year Product Recall (02/17/08)

  • Transcript: Technical Briefing Regarding Hallmark/Westland Meat Packing Company Two Year Product Recall (02-17-2008)

  • California Firm Recalls Beef Products Derived from Non-Ambulatory Cattle without the Benefit of Proper Inspection (02-17-2008)

    • "In the wake of the staggering recall of 143 million pounds of beef—the largest in the nation's history by far—The Humane Society of the United States is calling on the U.S. Department of Agriculture (USDA) and the Congress to take immediate steps to strengthen federal humane handling procedures and to enact more stringent laws to prevent a recurrence of the gross abuses documented at a southern California slaughter plant...The HSUS also called on USDA to change its policy and prohibit the slaughter of all—not just some—downed cows. As well, the organization is asserting that this case further underscores the need for Congress to enact pending farm animal welfare legislation -- the Downed Animal and Food Safety Protection Act and the Farm Animal Stewardship Purchasing Act – with no further delay. The beef recall came in response to The Humane Society of the United States' investigation documenting crippled cows being tormented at a Southern California slaughter plant. The abuse occurred even though USDA had a number of inspectors at the slaughter plant."

    February 15, 2008
    * Imperiled Treasures: How Recent Supreme Court Decisions and Agency Actions Have Endangered Southwest Waters and Wildlife

    National Wildlife Federation: "For thirty years the federal Clean Water Act broadly protected waters in the nation and across the Southwest. It sought, with a great deal of success, to safeguard important waters from pollution and destruction. Historically, it applied to waters from the Rio Grande to playa lakes. However, now the protections of the Act are being whittled away. Two recent U.S. Supreme Court decisions, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (2001) and Rapanos v. United States (2006), have placed protections of many of the nation’s waters, such as intermittent and ephemeral streams and so-called “isolated” wetlands, in doubt. While these Supreme Court decisions have not overturned any of the current regulations that broadly protect waters, they have created significant legal
    confusion over the scope of the Act’s protections....the Southwest has a disproportionate number of waters that are at-risk of losing federal protection because of agency guidance. In all Southwest states, the percentage of streams that are at risk because they do not flow year round is much higher than the national average, which is already an alarming 59 percent of all stream miles. For instance, in Arizona approximately 96 percent of streams are at risk of losing federal protections. Similarly, many of the region’s most important wetlands are either geographically “isolated” or associated with streams that may no longer be protected. In conjunction with state laws that often provide little or no protection for these at-risk resources, a prolonged drought affecting much of the region, and climate change impacts add unprecedented stress to waters in the area, making the threat to waters in the Southwest more severe than it has been in a generation."

  • Imperiled Treasures: How Recent Supreme Court Decisions and Agency Actions Have Endangered Southwest Waters and Wildlife, February 14, 2008
  • February 13, 2008
    * Treasury: Examples of How the Economic Growth Act of 2008 will Benefit Americans

    Fact Sheet: Examples of How the Economic Growth Act of 2008 [H.R. 5109] will Benefit Americans, February 13, 2008

    February 11, 2008
    * Cost Estimate for H.R. 5140, Economic Stimulus Act of 2008

    Congressional Budget Office Cost Estimate for H.R. 5140, Economic Stimulus Act of 2008, February 11, 2008: "H.R. 5140 would provide a tax rebate to individual tax filers who satisfy specific income requirements and special depreciation allowances to businesses. In addition, the act would raise the loan limit for the Federal Housing Administration’s (FHA’s) single-family program. The Congressional Budget Office and the Joint Committee on Taxation (JCT) estimate that H.R. 5140 would:

    • Decrease revenues by $114 billion in 2008 and by a net amount of $82 billion over the 2008-2018 period; and

    • Increase direct spending by $38 billion in 2008 and $42 billion over the 2008-2009 period.

    In total, those changes would increase budget deficits (or reduce future surpluses) by $152 billion in 2008 and by a net amount of $124 billion over the 2008-2018 period."

    February 09, 2008
    * California Senate Passes Identity Theft Bill 40-0

    Press release: "The California State Senate passed a bill Friday that would allow prosecution for identity theft cases in the county where the victim resides. State Sen. Joe Simitian, D-Palo Alto, co-authored Senate Bill 612 and praised fellow senators Friday for voting 40-0 in favor of the legislation. Current law permits prosecution in the county where the theft occurred, or where the information was illegally used, even when both locations are hundreds of miles from the victim’s home, according to Simitian’s office." Simitian also sponsored Senate Bill 364, that passed by a vote of 30-7.

    February 07, 2008
    * Congress Moves to Make "Do Not Call" Listings Permanent

    CDT: "The Senate yesterday gave final congressional approval to legislation making "Do Not Call" listings permanent. Without the legislation, consumers' phone numbers would have been automatically removed from the FTC controlled list after five years. CDT applauds the decision to eliminate the list's current expiration policy, which would require consumers who want to remain on the list to sign up again every five years. The bill, H.R. 3541, has already passed the House and is likely to be enacted into law soon."

  • H.R.3541 - To amend the Do-not-call Implementation Act to eliminate the automatic removal of telephone numbers registered on the Federal "do-not-call" registry.
  • February 06, 2008
    * Joint CDT, PFF Project Tracks Online Child Protection and Free Speech Legislation

    "A joint project of the Center for Democracy & Technology and the Progress & Freedom Foundation tracks more than 30 pieces of federal legislation that seek to protect children online, some of which pose serious threats to free speech. The reports released today summarize and categorize child online safety bills introduced in the 110th Congress, analyze free speech implications of key bills, and provide recommendations to Congress on how it can promote child online safety without impinging on First Amendment rights. February 06, 2008."

  • Bill Tracking Report [PDF] February 06, 2008

  • CDT Analysis [PDF] February 06, 2008

  • PFF Analysis [PDF] February 06, 2008
  • * Survey on State Compliance With Real ID Act

    News.com: "Real ID's scope is surprisingly broad. Jurors could potentially be denied entrance to federal courthouses. So could prospective students visiting the U.S. Naval Academy in Annapolis or the U.S. Military Academy at West Point. Tours of federal buildings such as the Pentagon and the Treasury Department could be affected, as could public hearings, conferences, and even concerts. And some Americans could be denied entrance to the U.S. Capitol building, the iconic heart of the nation's democracy...Starting May 11, unless your home state agrees to comply with the federal Real ID Act or unless it asks for an extension, you might have trouble getting into federal buildings. Click a state [interactive map include in this article] to see what that state has told us about whether or not its ID cards will meet Real ID requirements."

    * Public Interest Groups Publish Position Paper on Threat Posed By Inflated Statutory Damages

    The Threat Posed By Inflated Statutory Damages, Comments on the January 25, 2008 Meeting Hosted by the Copyright Office: "The PRO IP Act (H.R. 4279) proposes to weaken the long-established “one work” rule, which today imposes a measure of certainty on how copyright statutory damages are calculated. Under current law, a copyright plaintiff may seek up to $150,000 per work infringed. In the case of compilations, the one work rule recognizes that the compilation is being marketed as one work, although it may in fact consist of multiple components. Section 104 of the PRO IP Act seeks to undo a central underpinning of statutory damages: ensuring that the damages award for infringement of a compilation does not result in catastrophic multiple awards through a separate award for each component of that compilation. For example, current law authorizes a statutory damages award of up to $150,000 for a single infringement of a magazine containing 100 photos, or a software application containing 100 modules. The proposed changes in Section 104 would allow a plaintiff to claim up to $15 million for the same act of infringement."

    February 04, 2008
    * CDT Analysis of REAL ID: What Should Congress Do Now?

    REAL ID: What Should Congress Do Now? - CDT Analysis of the REAL ID Act and the Department of Homeland Security’s Final Regulations, February 1, 2008.

  • Related postings on REAL ID Act

  • CNN: "The FBI is gearing up to create a massive computer database of people's physical characteristics, all part of an effort the bureau says to better identify criminals and terrorists...The bureau is expected to announce in coming days the awarding of a $1 billion, 10-year contract to help create the database that will compile an array of biometric information -- from palm prints to eye scans."
  • February 01, 2008
    * CBO Technological Change and the Growth of Health Care Spending, January 2008

    Technological Change and the Growth of Health Care Spending, January 2008 pdf charts

  • "In this analysis, the Congressional Budget Office (CBO) defines technological advances broadly to include any changes in clinical practice that enhance the ability of providers to diagnose, treat, or prevent health problems. Unless otherwise specified, historical spending data are for health care services and supplies, a subset of the national health expenditure accounts (Centers for Medicare and Medicaid Services)."

  • CBO Testimony - Statement of Peter R. Orszag, Director. Growth in Health Care Costs before the Committee on the Budget, United States Senate, January 31, 2008
  • * The Nation's Investment in Cancer Research: A Plan and Budget Proposal for Fiscal Year 2008

    "The Nation's Investment in Cancer Research: A Plan and Budget Proposal for Fiscal Year 2008 reports on both strategic priorities and implementation progress in work by the National Cancer Institute to reduce the burden of cancer on the lives of all Americans. Through one's own personal experience or relationships with family, friends, and others in our communities, most of us have been touched by cancer. Because those journeys through illness and health are continually impacted by biomedical discoveries and groundbreaking tools, this document can be valuable to many audiences. The NCI is mandated by The National Cancer Act of 1971 (Public Law 92-218) to prepare and submit its annual budget and plan directly to the President of the United States for review and transmittal to Congress."

    January 31, 2008
    * Climate Change Legislation Design White Paper: Competitiveness Concerns/Engaging Developing Countries

    Committee on Energy and Commerce and its Subcommittee on Energy and Air Quality, Climate Change Legislation Design White Paper: Competitiveness Concerns/Engaging Developing Countries, January 31, 2008: "This White Paper discusses potential domestic legislative provisions that could encourage developing countries to curb their emissions of greenhouse gases."

  • Memorandum to Members of the Committee
  • January 30, 2008
    * Recent Publications of the Joint Committee on Taxation on Economic Stimulus Act

    Follow up to postings on the economic stimulus package:

    * Security Experts Warn that Pending Surveillance Law Will Weaken US National Security

    EPIC: "In a report that will appear in IEEE Security & Privacy, leading experts in computer security warn that legislation now under consideration in the Senate could make the United States vulnerable to attack. The paper Risking Communications security: Potential hazards of the Protect America Act warns that warrantless wiretapping creates creates serious security risks, including "danger of exploitation of the system by unauthorized users, danger of criminal misuse by trusted insiders, and danger of misuse by government agents."

  • Previous postings on domestic surveillance program and the Protect America Act
  • * Annual Superfund Report to Congress for Fiscal Year 2007

    Annual Superfund Report to Congress for Fiscal Year 2007, January 2008

  • "This report covers Fiscal Year 2007 Superfund activity of the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG). The Superfund Amendments and Reauthorization Act of 1986 requires the OIG to annually audit the Superfund program and report the results to Congress. We found several ways EPA can improve its management of Superfund resources and free up funds for better use. We identified funding on Superfund cooperative agreements that could be deobligated in both New York and New Jersey. New York could have deobligated $486,744 on a project that had been frequently amended since 1987. For New Jersey, although EPA had identified $9.1 million for deobligation in November 2005 as part of its Fiscal Year 2006 deobligation plan, it had still not deobligated those amounts as of September 2006. In another review, we noted that EPA missed an opportunity to make timely and better use of $2.8 million in the special account for the Thermo Chem Superfund site in Michigan. The Agency could have funded other priority response activities by reclassifying the funds no longer needed at that site."
  • January 29, 2008
    January 27, 2008
    * UK Counter-Terrorism Bill 2007-08

  • Bill 63 07-08 (90 pages, PDF), and Summary of the Bill: "A Bill to Confer further powers to gather and share information for counter-terrorism and other purposes; to make further provision about the detention and questioning of terrorist suspects and the prosecution and punishment of terrorist offences; to impose notification requirements on persons convicted of such offences; to amend the law relating to asset freezing proceedings under United Nations terrorism orders; to amend the law relating to inquests and inquiries; to amend the definition of “terrorism”; to amend the enactments relating to terrorist offences, control orders and the forfeiture of terrorist cash; to provide for recovering the costs of policing at certain gas facilities; to amend provisions about the appointment of special advocates in Northern Ireland; and for connected purposes."

  • January 23, 2008
    January 22, 2008
    * As Economy Slows, Demand for Children's Health Insurance and Medicaid Grows

    Joint Economic Committee press release: "Congresswoman Carolyn Maloney, Vice Chair of the Joint Economic Committee, today released a report showing that worsening economic conditions will increase demand for the State Children’s Health Insurance Program and Medicaid, and called on colleagues in Congress to vote next Wednesday to override the President’s veto of H.R. 3963, legislation that would bring health coverage to approximately ten million children over the next five years."

  • Worsening Economic Conditions Will Increase Demand for the State Children’s Health Insurance Program and Medicaid
  • January 21, 2008
    * Report: Proposed Greenhouse Gas Legislation Will Not Hinder U.S. Economic Growth

    January 2008 - Part 2 of The United States Environmental Protection Agency's Analysis of Senate Bill S. 1766 in the 110th Congress, the Low Carbon Economy Act of 2007. The Low Carbon Economy Act of 2007 (S.1766) is designed to reduce U.S. emissions of greenhouse gases (GHGs) from the production and use of energy. Part 2 of the request from Senators Bingaman and Specter was to analyze the economic impacts of S.1766.

  • EPA Analysis of the Low Carbon Economy Act of 2007, S. 1766 in 110th Congress, January 15, 2008
  • (116 pages, PDF)
  • September 2007 - Part 1 of The United States Environmental Protection Agency's Analysis of Senate Bill S.1766 in the 110th Congress, the Low Carbon Economy Act of 2007 (100 pages, PDF)
  • January 20, 2008
    * Higher Education Act Reauthorization in the 110th

    CRS Report - Higher Education Act Reauthorization in the 110th Congress: A Comparison of Major Proposals, December 13, 2007.

  • "The Higher Education Act of 1965 (HEA) as amended, authorizes the federal government’s major federal student aid programs (Title IV), as well as other programs which provide institutional aid and support (Titles II, III and V). In addition, the HEA authorizes services and support to less-advantaged students (select Title IV programs), and to students pursuing international education and certain graduate and professional degrees (Titles VI and VII). The programs authorized by
    the HEA are administered by the U.S. Department of Education (ED), and made available an estimated 66% ($86 billion) of all federal, state and institutional aid awarded to postsecondary students in 2006-2007 (excluding tax benefits)."
  • * Markey Letter to Interior Secretary Urges Settling Of Polar Bear Decision Ahead of Oil Drilling Sale

    Follow up to previous posting on listing the polar bear as a threatened species, this January 18, 2008 press release: "Select Committee Chairman Rep. Edward Markey...sent a letter to Interior Secretary Dirk Kempthorne reinforcing the message that the Secretary should postpone the pending oil lease sale on the critical habitat of the polar bear while he is still considering the status of the bear under the Endangered Species Act. In addition to today’s letter, Chairman Markey held a committee hearing yesterday questioning the wisdom of putting oil extraction ahead of species extinction, introduced legislation requiring that the decisions be made in the proper order, and sent a letter directing numerous questions to the Interior Department concerning how these decisions are being made."

  • Related postings on climate change
  • January 18, 2008
    * Conyers Introduces Bill to Fight Voter Caging

    Press release: "House Judiciary Committee Chairman John Conyers, Jr. (D-MI) introduced the Caging Prohibition Act of 2008. Voter caging is a practice by which mail is sent to a registered voter’s address and, if the mail is returned as “undeliverable” or if it is delivered and the voter does not respond, his or her registration is challenged in order to suppress voter turnout. This may occur even if the voter has simply moved across a college campus or to another location on a military base, or simply does not respond to what one might assume is junk mail. It is estimated that the practice has resulted in tens of thousands of voters - often soldiers, college students and low-income families - being purged from the rolls."

    January 16, 2008
    * FTC Releases Report Examining Laws That Apply Differently to the U.S. Postal Service and its Private Competitors

    Press release: "The Federal Trade Commission today issued a report entitled Accounting for Laws that Apply Differently to the United States Postal Service and its Private Competitors, which fulfills its requirement under the Postal Accountability and Enhancement Act (PAEA).

    The report identifies and quantifies – to the extent possible – the Postal Service’s economic burdens and advantages that exist due to its status as a federal government entity, as well as those benefits resulting from its postal and mailbox monopolies. The report also examines the net economic effect of the relevant laws governing the Postal Service and its private competitors, concluding that the USPS’s burdens and benefits both create marketplace distortions: legal constraints increase the USPS’s costs, disadvantaging it as a competitor; implicit subsidies that the USPS enjoys partially mask the USPS’s higher costs from consumers, creating incentives for consumers to purchase more competitive mail products from the USPS than they otherwise would. The report further explores ways that the Postal Regulatory Commission (PRC) or Congress may be able to minimize or eliminate such distortions."

    January 15, 2008
    January 14, 2008
    * Remarks by Homeland Security Secretary Michael Chertoff at a Press Conference on REAL ID

    Press release, January 11, 2009: "One of the biggest concerns we’ve had for the last several years, one we continue to have at the Department of Homeland Security, is how do we promote a secure form of identification across America? And Congress has spoken to this by passing the REAL ID Act several years ago, which provides that we have the obligation to set uniform security standards for the issuance of state driver’s licenses. When we went back and investigated the 9/11 attacks, one of the things which we found, and which the 9/11 Commission found, was that all but one of the hijackers carried a government-issued identification form – mostly driver’s licenses. And this government-issued ID helped the hijackers board airplanes, or remain in the country illegally. That’s why the 9/11 Commission recommended that we enhance the security of our driver’s licenses as a counterterrorism measure. And that’s why Congress set higher standards for driver’s licenses in the REAL ID Act. That’s also why the American people overwhelmingly support more security for driver’s licenses."

  • Related postings on Real ID
  • January 13, 2008
    * Publishers Say Enactment of NIH Mandate on Journal Articles Undermines Intellectual Property Rights Essential to Science Publishing

    Follow up to December 27, 2007 posting Mandate for Public Access to NIH-Funded Research Now Law, see this press release: "The Association of American Publishers [January 3, 2008] criticized a controversial new NIH research publication policy that was enacted as part of the omnibus appropriations package for 2008, and reaffirmed that journal publishers who have opposed the policy will continue to pursue their concerns with Congress regarding the policy’s negative impact on science publishing and the protection of related intellectual property rights. Publishers will also urge NIH to conduct a rulemaking proceeding, with opportunity for public comment, before implementing the new policy."

    * American Lung Association State of Tobacco Control 2007 Report

    "The American Lung Association State of Tobacco Control 2007 report tracks progress on key tobacco control policies at the state and federal level and assigns grades to tobacco control laws and regulations enacted as of January 1, 2008. This report is a call to action for national and state elected officials: Meet the challenge and enact strong tobacco control laws so that everyone in the United States can breathe easier."

  • Via this link, readers may: 1) Choose a state to view state grades, or 2) View National Grades to see how the federal government performed.
  • January 09, 2008
    * DOJ FOIA Post: Congress Passes Amendments to the FOIA

    "For the first time in well over a decade, Congress has enacted amendments to the Freedom of Information Act. No changes to the Act’s nine exemptions were made. Rather, the amendments address a range of procedural issues impacting FOIA administration, including the codification of several provisions of Executive Order 13,392, “Improving Agency Disclosure of Information.” Entitled the “Openness Promotes Effectiveness in our National Government Act of 2007,” or the “OPEN Government Act of 2007,” the bill was signed into law by the President on Monday, December 31, 2007. The amendments consist of ten substantive sections, each of which is summarized and discussed below. The complete text of the OPEN Government Act of 2007."

    January 06, 2008
    * Active Legislation 110th Congress (2007-2008)

    Active Legislation 110th Congress (2007-2008), Updated January 4, 2008. Includes Popular Titles and Subjects, Agency Authorizations, Program Authorizations, Appropriations and Budget for Fiscal Year 2008, 110th Congress, 1st Session, Popular Reports, Public Laws, 110th Congress (selected).

  • Subscribe to the weekly Hot Bills alert
  • January 02, 2008
    * CA sues EPA, citing new technical report: Study demonstrates that CA's standards more effective at reducing greenhouse gas emissions than federal Energy Bill

    California Air Resources Board Technical Assessment, January 2, 2008: Comparison of Greenhouse Gas Reductions Under the CAFE Standards and ARB Regulations Adopted Pursuant To AB1493.

  • "In public comments explaining his denial of a waiver under Sec. 209(b) of the Clean Air Act for California to enforce its regulations implementing AB1493, U.S. EPA Administrator Steven Johnson makes the claim, without supporting documentation, that California’s motor vehicle greenhouse gas emissions (GHG) rules are less effective than the recently adopted national CAFE standards in reducing global warming pollution. The California Air Resources Board’s (ARB) staff analyzed this claim and prepared and documented its own technical evaluation.
    California standards regulate GHG emissions; federal CAFE standards are aimed at reducing the nation’s fuel consumption. This study makes the necessary calculations to allow the two programs to be evaluated so that the reductions in GHG gases under the California rules can be compared to those expected from implementation of the CAFE portion of the 2007 Energy Bill. The results show that the Administrator’s claim that the federal CAFE program is better than California’s program at reducing GHG emissions from motor vehicles is wrong, both in California and in those states that adopt the California standards."
  • Governor Schwarzenegger Announces EPA Suit Filed to Reverse Waiver Denial
  • January 01, 2008
    * President Bush Signs FOIA Amendments into Law

    White House press release: "On Monday, December 31, 2007, the President signed into law: S. 2488, the "Openness Promotes Effectiveness in our National Government Act of 2007," which amends the Freedom of Information Act (FOIA) by: (1) establishing a definition of "a representative of the news media;" (2) directing that required attorney fees be paid from an agency's own appropriation rather than from the Judgment Fund; (3) prohibiting an agency from assessing certain fees if it fails to comply with FOIA deadlines; and (4) establishing an Office of Government Information Services in the National Archives and Records Administration to review agency compliance with FOIA."

  • Related postings on FOIA and LLRX.com's monthly column, FOIA Facts by Scott A. Hodes
  • December 31, 2007
    December 28, 2007
    * President Bush To Veto National Defense Authorization Act

  • Fact Sheet: National Defense Authorization Act Section 1083: A Danger to Iraq's Progress: "President Bush intends to veto the National Defense Authorization Act for FY08 (NDAA) because particular provisions included in the bill risk imposing financially devastating hardship on Iraq that will unacceptably interfere with the political and economic progress everyone agrees is critically important to bringing our troops home."

  • Memorandum of Disapproval: "I am withholding my approval of H.R. 1585, the "National Defense Authorization Act for Fiscal Year 2008," because it would imperil billions of dollars of Iraqi assets at a crucial juncture in that nation's reconstruction efforts and because it would undermine the foreign policy and commercial interests of the United States."

  • Statement by Deputy Press Secretary Scott Stanzel: "The President intends to veto H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008 ("NDAA"). One provision in the bill - section 1083 - would significantly amend current law (the Foreign Sovereign Immunities Act) in ways that would imperil Iraqi assets held in the United States, including reconstruction and central bank funds."
  • December 27, 2007
    * Mandate for Public Access to NIH-Funded Research Now Law

    Alliance for Taxpayer Access: "President Bush has signed into law the Consolidated Appropriations Act of 2007 (H.R. 2764), which includes a provision directing the National Institutes of Health (NIH) to provide the public with open online access to findings from its funded research. This is the first time the U.S. government has mandated public access to research funded by a major agency. The provision directs the NIH to change its existing Public Access Policy, implemented as a voluntary measure in 2005, so that participation is required for agency-funded investigators. Researchers will now be required to deposit electronic copies of their peer-reviewed manuscripts into the National Library of Medicine’s online archive, PubMed Central. Full texts of the articles will be publicly available and searchable online in PubMed Central no later than 12 months after publication in a journal."

    December 26, 2007
    * 110th Congress, First Session, Legislation Related to China

    US-China Business Council: 110th Congress, First Session, Legislation Related to China, as of December 20, 2007 (14 pages, PDF).

    December 25, 2007
    * New CRS Reports on The Foreign Intelligence Surveillance Act

  • The Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues, Updated December 14, 2007: "The current legislative and oversight activity with respect to electronic surveillance under Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need identified by the Director of National Intelligence (DNI), Admiral Mike McConnell, for the Intelligence Community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast paced, and technologically sophisticated international environment, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate — the Fourth and First Amendments."

  • The Foreign Intelligence Surveillance Act: Comparison of House-Passed H.R. 3773, S. 2248 as Reported By the Senate Select Committee on Intelligence, and S. 2248 as Reported Out of the Senate Judiciary Committee, updated December 14, 2007 [both reports via FAS]
  • December 24, 2007
    * Incandescent Light Bulbs Will be History by 2012

    H.R. 6 - "An Act to move the United States toward greater energy independence and security, to increase the production of clean renewable fuels, to protect consumers, to increase the efficiency of products, buildings, and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve the energy performance of the Federal Government, and for other purposes"..."phases out the 125-year-old bulb in the next four to 12 years in favor of a new generation of energy-efficient lights that will cost consumers more but return their investment in a few months." [USA Today]

  • "If every American home replaced just one light bulb with an ENERGY STAR qualified bulb, we would save enough energy to light more than 3 million homes for a year, more than $600 million in annual energy costs, and prevent greenhouse gases equivalent to the emissions of more than 800,000 cars."
  • December 23, 2007
    * CRS Report - Side-by-Side Comparison of Climate Change Provisions in Omnibus Energy Legislation in the 110th Congress

    Side-by-Side Comparison of Climate Change Provisions in Omnibus Energy Legislation in the 110th Congress, updated December 14, 2007.

    * President Signs Genocide Accountability Act of 2007

    White House: "S. 888, the Genocide Accountability Act of 2007, which expands criminal liability for participation in acts of genocide committed outside of the United States to persons not covered by current criminal law..."

  • Genocide Accountability Act of 2007, Signed by President December 21, 2007 - Public Law No: 110-151: "Amends the federal criminal code allow the prosecution of acts constituting genocide committed by an alleged offender who is: (1) an alien lawfully admitted for permanent residence in the United States; (2) a stateless person whose habitual residence is in the United States; or (3) brought into, or found in, the United States, even if the offense occurred outside the United States."

  • Open Society Institute: "The new legislation fills a critical gap in the law by permitting the U.S. government to prosecute people in the United States who are believed to have committed genocide abroad...Prior to enactment of this law, a non-U.S. national accused of committing genocide abroad could only be tried for a lesser crimes—such a visa fraud—or be deported to their country of citizenship, where prosecution might be unlikely or impossible."
  • December 18, 2007
    * Congress Passes First FOIA Reform Bill in More Than a Decade

    The National Security Archive: "The House of Representatives at 5:18 pm today unanimously passed the Freedom of Information Act (FOIA) reform bill (S. 2488) that passed the Senate by unanimous consent on December 14. The bill aims to fix some of the most persistent problems in the FOIA system, including excessive delay, lack of responsiveness, and litigation gamesmanship by federal agencies. Following today’s approval by the House, the OPEN Government Act will be sent to the President's desk for approval...The new law would mandate tracking numbers for FOIA requests that take longer than 10 days to process to ensure they will no longer fall through the cracks, require agencies to report more accurately to Congress and the public on their FOIA programs, create a new ombuds office at the National Archives to mediate conflicts between agencies and requesters, clarify the purpose of FOIA to encourage dissemination of government information, and provide incentives to agencies to avoid litigation and processing delays."

    * Research on Comparative Effectiveness of Medical Treatments: Issues and Options for an Expanded Federal Role

    Congressional Budget Office, Research on Comparative Effectiveness of Medical Treatments: Issues and Options for an Expanded Federal Role, December 2007

  • "This Congressional Budget Office (CBO) paper—prepared at the request of the Chairmen of the Senate Budget and Finance Committees—examines options for expanding federal support for research on comparative effectiveness. It reviews the current state of such research in both the public and private sectors and discusses several mechanisms for organizing and funding additional research efforts. It also discusses the different types of research that could be pursued and their likely benefits and costs. Finally, it considers the potential effects that such research could have on health care spending and the difficult steps that public and private insurers would probably have to take to achieve substantial savings on the basis of that research—in particular, changing the financial incentives for doctors and patients to reflect that information. In accordance with CBO’s mandate to provide objective, impartial analysis, this paper contains no recommendations."

  • Summary of the proposed Medicare, Medicaid and SCHIP Extension Act of 2007 - Senate Finance Committee
  • December 13, 2007
    * House Judiciary Committee Approves Bill to Raise Pay of Federal Judges

    Follow up to previous postings on judicial pay raises, today's Legal Times, 12-13-2007: "The House Judiciary Committee on Wednesday approved a bill that would give federal judges their first pay raise in two decades, pushing them to the fore of federal earners. The bill, passed by a 28-5 vote, also would increase the workload for senior judges, raise the retirement age for full pension and discourage retired judges from taking work in the private sector...Under the Federal Judicial Salary Restoration Act of 2007, federal district judges would earn $218,000 annually, uncoupling them from members of Congress, who make $165,200 a year. Federal appeals judges would earn $231,000; Supreme Court associate justices $267,900; and the chief justice $279,900."

    December 11, 2007
    December 10, 2007
    * CDT Urges Senate to Exercise Caution About Online Safety, and Stay Focused on Education

    "This week the Senate Judiciary Committee will consider a number of online safety bills that pose significant risks for free speech and innovation on the Internet. No less than seven bills relating to online safety are in play in Congress this week; CDT today released an analysis of each. CDT supports S. 2344, which promote online safety education, and H.R. 719, which focuses Internet restrictions on sex offenders who might pose risks to children online. CDT strongly opposes all or portions of five other bills now pending in the Senate."

  • Analysis--Free Speech Bills in Senate [PDF] December 10, 2007
  • December 09, 2007
    * New CBO Reports: Monthly Budget Review, Impact of Unauthorized Immigrants on the Budgets of State and Local Governments, Cost Estimate for Energy Independence and Security Ac

  • Monthly Budget Review, December 2007: "The federal budget deficit was $157 billion during the first two months of fiscal year 2008, CBO estimates, $35 billion more than the shortfall recorded through November of last year. Close to half of that difference is the result of shifts in the timing of certain payments and a difference in the number of business days. Adjusted for those factors, the increase in the deficit would amount to about $16 billion, CBO estimates."

  • The Impact of Unauthorized Immigrants on the Budgets of State and Local Governments, December 2007: "According to available estimates, there are about 12 million unauthorized immigrants in the United States. Federal, state, and local governments spend public funds that benefit those immigrants, and those immigrants pay individual income, sales, and property taxes. Most available studies conclude that the unauthorized population pays less in state and local taxes than it costs state and local governments to provide services to that population. However, those estimates have significant limitations; they are not a suitable basis for developing an aggregate national effect across all states. This paper...focuses on the estimated costs that certain state and local governments incur for providing various services—especially those related to education, health care, and law enforcement—to unauthorized immigrants. It also looks at the estimated
    taxes those individuals pay and at certain types of federal assistance that are available to states to help provide such services. In keeping with CBO’s mandate to provide objective, nonpartisan analysis, the paper makes no recommendations.

  • Cost Estimate for H.R. 6, Energy Independence and Security Act
    December 5, 2007
    : "...CBO estimates that enacting this legislation would increase direct spending by $2.9 billion over the 2008-2017 period. In addition, CBO estimates that the legislation would increase revenues by $3.2 billion over the 2008-2017 period.
  • December 08, 2007
    * FY2008 Intelligence Authorization Conference Report Cleared for Floor

    "Chairman Silvestre Reyes, D-TX, of the House Permanent Select Committee on Intelligence, released the following statement on the successful filing of the House-Senate conference report of H.R. 2082, the fiscal year 2008 Intelligence Authorization Act, clearing the bill for consideration on the floor of the U.S. House: “This isstrong legislation that provides full funding for our intelligence professionals,” said Chairman Reyes. “It makes critical investments in human intelligence, counterterrorism operations, counterproliferation, analysis, and language skills. It promotes sound personnel practices, diversity within the intelligence community and accountability to Congress. This conference report deserves bipartisan support and I urge my colleagues in the House and Senate to support it.”

    Conference Report to Accompany H.R. 2082 - Intelligence Authorization Act for Fiscal Year 2008

    December 06, 2007
    * Oil and Natural Gas Market Supply and Renewable Portfolio Standard Impacts of Selected Provisions of H.R. 3221

    Oil and Natural Gas Market Supply and Renewable Portfolio Standard Impacts of Selected Provisions of H.R. 3221: "This paper responds to an October 31, 2007, request from Representatives Barton, McCrery, and Young requesting the Energy Information Administration (EIA) to assess selected provisions of H.R. 3221, the energy bill adopted by the House of Representatives in early August 2007. The analysis focuses on Title VII, dealing with energy on Federal lands; Section 9611, which would establish a Federal renewable portfolio standard (RPS) for certain electricity sellers; and Section 13001, which would eliminate the eligibility of oil and natural gas producers and refiners to claim deductions under Section 199 of the Internal Revenue Code."

    December 05, 2007
    * Conyers, House Judiciary Members Introduce Bill to Protect Creative and Intellectual Property Rights

    Press release: "In an effort to strengthen laws protecting creative and intellectual property, leaders of the House Judiciary Committee today introduced bipartisan legislation to improve federal agency enforcement efforts and provide more resources to those efforts. House Judiciary Committee Chairman John Conyers, Jr. (D-MI), Ranking Member Lamar Smith (R-TX), Subcommittee on Courts, the Internet and Intellectual Property Chairman Howard Berman (D-CA), and Reps. Adam Schiff (D-CA), Tom Feeney (R-FL), Darrell Issa (R-CA), Steve Chabot (R-OH), Steve Cohen (D-TN), Ric Keller (R-FL), Sheila Jackson-Lee (D-TX), Bob Goodlatte (R-VA), and Robert Wexler (D-FL) introduced the "Prioritizing Resources and Organization for Intellectual Property (“PRO IP”) Act of 2007" to combat what they say is an increasing problem...The bipartisan PRO IP bill is supported by both labor unions and industry groups because of the increasing global economic cost of counterfeiting and piracy - which is currently between $500 and $600 billion/year in lost sales and approximately 5% - 7% of global trade. It costs the United States between $200 and $250 billion/year in lost sales, including 750,000 jobs."

    * Oversight Committee Now Posting Preliminary Hearing Transcripts

    Via Dan Froomkin, news that the House Committee on Oversight and Government Reform has begun to post preliminary transcripts of selected hearings on its website. However, links to these transcripts is currently circuitously provided by conducting a search on Google, documented here by Dan.

    * Openness Promotes Effectiveness in our National Government Act of 2007

    Press release: "Sens. Patrick Leahy (D-Vt.) and John Cornyn (R-Texas) Tuesday introduced bipartisan, revised legislation to increase government transparency and provide the first major reforms to the Freedom of Information Act (FOIA) in more than a decade. The Senate passed an earlier version of the Leahy-Cornyn bill -- the Openness Promotes Effectiveness in our National (OPEN) Government Act -- and the House has passed a counterpart measure, but efforts to reconcile the two bills were stymied over House concerns about “pay-go” issues...The OPEN Government Act would:

    • Restore meaningful deadlines for agency action under FOIA;

    • Impose real consequences on federal agencies for missing FOIA’s 20-day statutory deadline;

    • Clarify that FOIA applies to government records held by outside private contractors;

    • Establish a FOIA hotline service for all federal agencies;
    • and Create a FOIA Ombudsman to provide FOIA requestors and federal agencies with a meaningful alternative to costly litigation.

    • Related postings on FOIA

    December 04, 2007
    * Foreign Intelligence Surveillance Substitution Act of 2007

    Legislative Text of the Foreign Intelligence Surveillance Substitution Act of 2007, S. 2402, introduced by Arlen Specter, December 3, 2007.

  • Related postings on FISA
  • December 03, 2007
    December 02, 2007
    * Riddick's Senate Procedure - Searchable Online

    GPO Access: "Named after Senate Parliamentarian Emeritus Floyd M. Riddick, this Senate document contains the contemporary precedents and practices of the Senate. An appendix contains suggested forms for various procedures, e.g., offering motions or filing conference reports. It is updated periodically by the Senate Parliamentarian. More than one thousand precedents have been researched, analyzed, and incorporated into the 1958 edition. The 1992 editon contains all current precedents, and related Standing Rules and statutory provisions, through the end of the 101st Congress (1989-1990)."

  • New Searchable Riddick's Senate Procedures
  • * Awareness of Security Freeze Legislation and Use of Security Freezes by Consumers Age 18+

    Awareness of Security Freeze Legislation and Use of Security Freezes by Consumers Age 18+ Research Report, Jennifer H. Sauer, M.A., AARP Knowledge Management, Neal Walters, AARP Public Policy Institute, November 2007

  • "All but eleven states have enacted Security Freeze laws designed to protect consumers from identity theft. These laws give consumers the right to block their credit report from the view of others. This April-May 2007 AARP telephone survey explores the awareness of security freezes and the use of such freezes among consumers aged 18 and over living in California, Connecticut, Louisiana, Maine, Nevada, New Jersey, and North Carolina. In these selected states, the security freeze laws have been in effect for at least one year and they allow all consumers to place a security freeze on their credit report."
  • November 27, 2007
    * A Decade of Change in the Federal Courts Caseload: Fiscal Years 1997-2006

    US Courts: "Supreme Court decisions, shifting Administration priorities, new legislation, and numerous other factors caused the composition of the federal courts’ caseload to change over the past decade. Between September 30, 1997 and September 30, 2006, appeals court filings steadily climbed, district court caseloads fluctuated, and bankruptcy filings hit a record high before tumbling following the enactment of sweeping bankruptcy reform legislation. What are the identifiable caseload trends and what are the forces behind the changing nature of the federal courts’ caseload?"

    November 18, 2007
    * India's Hazardous Materials (Management, Handling and Transboundary Movement) Rules

    Basel Action Network BAN and Toxics Link press release, 14 November 2007 (New Delhi): "...Environmentalists say that the newly drafted hazardous waste management law for India seeks to undo established, science-based definitions of waste and consider waste that is being recycled somehow less hazardous than the waste being landfilled in order to curry favor with hazardous scrapping industries.

  • Government of India, Ministry of Environment & Forests: Hazardous Materials (Management, Handling and Transboundary Movement) Rules, 2007.

  • AP: China's e-waste nightmare worsening - "China now produces more than 1 million tons of e-waste each year, said Jamie Choi, a toxics campaigner with Greenpeace China in Beijing. That adds up to roughly 5 million television sets, 4 million fridges, 5 million washing machines, 10 million mobile phones and 5 million personal computers, according to Choi."

  • Related postings on e-waste and recycling
  • November 14, 2007
    * E-Government Re-Authorization Act Requires Agencies to Ensure Transparency to Search Engines

    Google Public Policy Blog: "Google has been working to make publicly available government information more accessible to the public. We're doing so by helping government agencies implement the Sitemap Protocol, a technical standard that makes it easier for search engines to crawl and index pages on a website...The Senate Homeland Security and Government Affairs Committee...[reported out of committee] S. 2321, which extends and updates the E-Government Act of 2002. Part of the bill directs the Office of Management and Budget to create guidance and best practices for federal agencies to make their websites more accessible to search engine crawlers, and thus to citizens who rely on search engines to access information provided by their government. It also requires federal agencies to ensure their compliance with that guidance and directs OMB to report annually to Congress on agencies’ progress."

    November 13, 2007
    * New JEC Report Reveals Total Economic Cost of War Could Exceed $3.5 Trillion

    November 13, 2007: "Senate Majority Leader Harry Reid (D-NV) and House Majority Leader Steny Hoyer (D-MD) will join Joint Economic Committee (JEC) Chairman Charles E. Schumer (D-NY), and JEC Vice Chair Carolyn Maloney (D-NY) today released a new report exposing the hidden costs of the war in Iraq. The Joint Economic Committee report investigates the costs of the war in Iraq that are not included in direct budgetary appropriations, including long term veteran’s health care, foregone investment, oil market disruptions and interest payments on borrowed war funding. The JEC estimates these costs could total in the trillions of dollars."

  • War at Any Price? The Total Economic Costs of the War Beyond the Federal Budget, A Report by the Joint Economic Committee Majority Staff, November 2007 (29 pages, PDF)
  • November 11, 2007
    * Language Included in Higher Education Bill Includes Requirements for Universities to Deter P2P Sharing

    Democrats: Colleges must police copyright, or else, by Anne Broache, News.com: "New federal legislation says universities must agree to provide not just deterrents but also "alternatives" to peer-to-peer piracy, such as paying monthly subscription fees to the music industry for their students, on penalty of losing all financial aid for their students. The U.S. House of Representatives bill (747 pages, PDF), which was introduced late Friday by top Democratic politicians, could give the movie and music industries a new revenue stream by pressuring schools into signing up for monthly subscription services such as Ruckus and Napster. Ruckus is advertising-supported, and Napster charges a monthly fee per student."

  • University Leaders Urge House Legislators Not to Add a P2P Provision in HEA Reauthorization, November 7, 2007
  • * FERC Staff Report: Staff Report: Demand Response & Advanced Metering

    Press release: "Demand response and advanced metering programs have grown significantly over the past year, according to a new Federal Energy Regulatory Commission report that charts progress in the number of demand response programs, the number of states introducing opportunities for demand response and the key role that demand response is playing in organized wholesale power markets. The Energy Policy Act of 2005 requires FERC to annually assess electric demand response resources and advanced metering. The report, “Assessment of Demand Response and Advanced Metering 2007,” notes major demand response developments in wholesale markets, including the use of demand resources in forward capacity markets and ancillary services markets, and the development of new reliability-based demand response programs. The report estimates that demand response in 2006 lowered the consumption of electricity by 1.4 to 4.1 percent during periods of peak demand on the systems."

  • Staff Report: Demand Response & Advanced Metering, September 2007 (92 pages, PDF)
  • * Markey: New Analysis Confirms Energy Bill Would Ensure Recovery of Oil Royalties

    Press release: "At the request of Rep. Edward J. Markey (D-Mass.), a new analysis released [November 9, 2007] by the nonpartisan Congressional Research Service (CRS) found that legislative language in the energy bill currently being considered by the Congress would ensure that billions rightfully owed in oil royalties will be paid to American taxpayers regardless of the outcome of lawsuits by big oil. Congress is currently considering two energy bills passed by the House and Senate that would reduce oil dependence and cut global warming pollution. The current House energy bill contains the Royalty Relief for American Consumers Act, originally drafted by Rep. Markey, which would recover an estimated $10 billion in unpaid royalties from Gulf of Mexico oil leases granted in 1998 and 1999 that erroneously allowed for royalty-free drilling regardless of increasing oil prices...In the research memo, CRS notes the passage of Rep. Markey’s language in the current energy bill would ensure recovery of the royalties."

  • "The letter says: "If Congress does wish to ensure that royalties on all leases issued pursuant to section 304 of the [Deep Water Royalty Relief Act] between 1996 and 2000 are limited by both price and volumetric thresholds, it could do so by passage of the proposed Royalty Relief for American Consumers Act of 2007 as it is currently worded in Sections 7501-7505 of H.R. 3221."
  • November 10, 2007
    * NCSL 50-State Legislative Tracking Web Resources

  • "Updated August 2007: At the request of NCSL's Legislative Research Librarians (LRL) staff section, NCSL has developed this resource of 50-state compilations covering various issues that concern state legislators and legislative staff. Here you will find a topical, alphabetical listing of legislative and statutory databases, compilations and state charts/maps."

  • "2006 State Legislation Related to Immigration: Enacted and Vetoed, October 31, 2006: In 2006, 570 pieces of legislation concerning immigrants have been introduced in state legislatures around the country. At least 90 bills and resolutions passes the legislatures in 2006. 84 bills were signed into law, more than double the amount of 2005. 6 bills were vetoed. While legislation covered a wide variety of topics, many states focused on education, employment, identification and driver’s licenses, law enforcement, legal services, public benefits, trafficking, and voting procedures."
  • November 07, 2007
    * Leahy, Cornyn Introduce Bill To Step Up Enforcement Of Laws That Protect America’s Intellectual Property

    Press release: "Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Committee member Sen. John Cornyn (R-Texas) Wednesday introduced bipartisan legislation to strengthen U.S. government efforts to combat copyright infringement and counterfeiting at home and abroad. The Judiciary Committee Wednesday also held a hearing today, Examining U.S. Government Enforcement of Intellectual Property Rights. The Intellectual Property Enforcement Act introduced Wednesday by Leahy and Cornyn would strengthen law enforcement capabilities and resources in thwarting copyright theft. The bill [Section-By-Section Analysis] would give civil copyright enforcement powers to the Attorney General and the Department of Justice, and it would authorize additional funding to investigate and prosecute intellectual property crimes involving computers and the Internet. The bill also requires the Federal Bureau of Investigation to assign a minimum of 10 agents to work on intellectual property crimes, and it classifies both the importation and exportation of pirated works as infringement."

    November 06, 2007
    * CBO Monthly Budget Review and Cost Estimate for Food and Energy Security Act of 2007

  • Monthly Budget Review, November 2007

  • Cost Estimate for Food and Energy Security Act of 2007
    November 6, 2007
    : "The amendment would modify and extend the major farm income support, food and nutrition, land conservation, trade promotion, rural development, research, forestry, energy, specialty crops, and crop insurance programs administered by the U.S. Department of Agriculture (USDA). In addition, it would make various changes to tax law pertaining to agricultural activity, energy production, and conservation actions. It also would establish or modify payments made to producers under certain farm programs."
  • * Non-Prescription Drug Modernization Act Introduced Today

    Press release: "Today Rep. Henry A. Waxman, Sen. Edward M. Kennedy, and Rep. Tom Allen introduced the Non-Prescription Drug Modernization Act which would permit FDA to act quickly to protect consumers from unsafe or ineffective over-the-counter drugs. An FDA advisory panel recently recommended that over-the-counter (OTC) cough and cold medications for children under the age of six should be banned after it found that those products lacked evidence of efficacy, and, in rare cases, could cause serious harm. Yet, under current law, to follow its committee’s recommendations, FDA must go through a rulemaking process that could take years to complete. In the interim, these drugs, which may cause serious harm, could continue to be marketed. The Non-Prescription Drug Modernization Act (Bill Fact Sheet) would give FDA the authority to act quickly to revoke authorization to market such drugs without a lengthy rulemaking. The Act would also transfer oversight of OTC drug advertising from the FTC to the FDA, which already regulates the advertising for prescription drugs, and would require FDA to review the current OTC regulatory regime to assess whether it is outdated."

    November 04, 2007
    * Report Advises Congress to Build a Modern Food Safety System

    Press release: "Import legislation under consideration by the House Energy and Commerce Committee (H.R. 3610, the Food and Drug Import Safety Act) would be valuable, but would still only partially solve the food safety problems threatening Americans, according to a new white paper published today by the nonprofit Center for Science in the Public Interest. In it, CSPI reviews a dozen food safety bills being considered by Congress."

  • Building a Modern Food Safety System: For FDA Regulated Foods (20 pages, PDF)
  • November 02, 2007
    * EIA: Supplement to Energy Market and Economic Impacts of S. 280

    Supplement to: Energy Market and Economic Impacts of S. 280, the Climate Stewardship and Innovation Act of 2007 (11/01/2007)

  • "This paper responds to a September 18, 2007, letter from Senators Barrasso, Inhofe, and Voinovich, seeking further energy and economic analysis to supplement information presented in the Energy Information Administrations (EIA) recent analysis of S. 280, the Climate Stewardship and Innovation Act of 2007."
  • October 31, 2007
    * Senate Foreign Relations Approves Law of Sea Treaty

    Opening Statement: Senate Foreign Relations Business Considers the Convention on the Law of the Sea: Statement by Sen. Joseph R. Biden, Jr. (D-DE), Chairman, Senate Foreign Relations Business Meeting to Consider the Convention on the Law of the Sea, October 31, 2007.

    * Non Partisan Group Launches TheMiddleClass.org

    "Since 2003, the non-partisan Drum Major Institute for Public Policy (DMI) has issued annual scorecards analyzing the impact of domestic legislation on America’s current and aspiring middle class and evaluating Members of Congress based on their votes on this legislation...themiddleclass.org [is] a dynamic site that will update throughout the year as members of Congress vote on legislation of significance to the current and aspiring middle class. On TheMiddleClass.org, you will find DMI’s analyses of bills that would have a significant impact (positive or negative) on the squeezed middle class, as well as on the aspirations of low-income Americans who want to work their way into the middle class." [via OMB Watch]

    October 28, 2007
    * Report to Accompany FISA Amendments Act of 2007

    Senate Intelligence Committee, S. Rpt. 110-209, Report to Accompany FISA Amendments Act of 2007.

    October 25, 2007
    * National Priorities Project Tracks War Related Spending and Alermative Spending Scenarios

    More War Funding Requested (Updated): "On October 22, the administration submitted a request for a further $45.9 billion in war-related spending for fiscal year 2008. This request is on top of $147 billion already requested for the Department of Defense and $3.6 billion for other agencies for the fiscal year. If appropriated by Congress, the vast majority would be spent on Iraq. Total spending for the Iraq War would rise to approximately $611 billion."

  • National Priorities Project Federal Budget Trade-Offs: "Could your tax dollars be better spent? Select your state or congressional district and a program, and find out what else your tax dollars could provide."
  • October 22, 2007
    * Comprehensive Mortgage Reform and Anti-Predatory Lending Legislation Introduced in the House

    Press release: "Reps. Brad Miller (D-NC), Mel Watt (D-NC) and Barney Frank (D-MA) today introduced comprehensive legislation to combat abuses in the mortgage lending market, and to provide basic protections to mortgage consumers and investors. The bill, H.R. 3915, “The Mortgage Reform and Anti-Predatory Lending Act of 2007” will reform mortgage practices in three areas. First, the bill will establish a federal duty of care, prohibit steering, and call for licensing and registration of mortgage originators, including brokers and bank loan officers. Second, the new legislation will set a minimum standard for all mortgages which states that borrowers must have a reasonable ability to repay. Third, the legislation attaches limited liability to secondary market securitizers who package and sell interest in home mortgage loans outside of these standards. However, individual investors in these securities would not be liable. Finally, the bill expands and enhances consumer protections for “high-cost loans” under the Home Ownership and Equity Protection Act and includes important protections for renters of foreclosed homes."

  • Section-by-Section Summary of the Mortgage Reform and Anti-Predatory Lending Act, H.R. 3915, Prepared by the Majority Staff of the House Financial Services Committee
  • October 21, 2007
    * Report on World Shipping's High Level of Carbon Dioxide Emissions

    BBC: "Global emissions of carbon dioxide from shipping are twice the level of aviation, one of the maritime industry's key bodies has said."

  • The report referenced in the BBC article was published by Intertanko: A comprehensive strategy for the reduction of air pollution from ships: "Moves in the U.S. launching unilateral legislation which would limit the sulphur content of fuel for ships in U.S. ports to 0.1% by 2010 has focused minds in the international shipping industry and at the IMO on the necessity of coming up on time with a comprehensive, practical, efficient, strategy to reduce air pollution from ships in the medium term as well as in the long-term."

  • U.S. Marine Vessels Emissions Reduction Act of 2007
  • * Senate Intelligence Committee Passed Legislation to Modernize FISA

    Press release, October 18, 2007: "Senator Jay Rockefeller and Senator Kit Bond, Chairman and Vice Chairman of the Senate Intelligence Committee...announced that the Senate Intelligence Committee passed legislation to modernize FISA. The bill, which passed by a strong bipartisan vote, will improve the recently enacted Protect America Act that aimed to fix collection problems related to foreign intelligence surveillance."

  • Key Highlights of the FISA bill

  • Full text of the bill - FISA Amendments Act of 2007.
  • October 18, 2007
    * House Approves Employment Non-Discrimination Act

    CongressNow.com: "For the first time in more than three decades, a House committee has voted to update the non-discrimination laws, today approving the expansion of protections to include gays and lesbians in the workforce. By a 27-21 vote, the House Education and Labor Committee approved the Employment Non-Discrimination Act (H.R. 3685), which would ban workplace discrimination against gays and lesbians."

    October 17, 2007
    * Free Flow of Information Act of 2007 Passed by House

    Reporters Committee for Freedom of the Press: "For the first time ever, the U.S. House of Representatives overwhelmingly passed legislation that will protect journalists from being compelled to testify or reveal sources in court. The shield law grants a qualified privilege to reporters to prevent them, in most cases, from being compelled to testify or to identify sources to federal investigators. The bill [Free Flow of Information Act of 2007, H.R. 2102], which passed on a 398-21 vote, provides for a number of exceptions though, including circumstances where disclosure is necessary to prevent and act of terrorism or imminent death or significant bodily harm, where disclosure is necessary to identify a person who has released some categories of private business and medical information, and where the reporter witnesses criminal or tortious conduct."

    October 16, 2007
    * New Bill To Add And Toughen Penalties For ID Theft And Fraud

    Press release, October 16, 2007: "Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Ranking Member Arlen Specter (R-Pa.) today introduced the bipartisan Identity Theft Enforcement and Restitution Act of 2007 to give federal prosecutors important new tools to combat the growing problem of identity theft and cyber crime.

    The Identity Theft Enforcement and Restitution Act of 2007 would:

  • Give victims of identity theft the ability to seek restitution for the loss of time and money spent restoring credit and remedying the harms of identity theft;
  • Expand the jurisdiction of federal computer fraud statutes to cover small businesses and corporations;

  • Eliminate the prosecutorial requirement that sensitive identity information must have been stolen through an interstate or foreign communication and instead focuses on whether the victim’s computer is used in interstate or foreign commerce, allowing for the prosecutions of cases in which both the identify thief’s computer and the victim’s computer are located in the same state;

  • Make it a felony to employ spyware or keyloggers to damage ten or more computers regardless of the aggregate amount of damage caused, ensuring that the most egregious identity thieves will not escape with a minimal, or no, sentence;

  • Eliminate the requirement that the loss resulting from damage to a victim’s computer must exceed $5,000; under this bill violations resulting in less than $5,000 damage would be criminalized as misdemeanors;

  • Add the crime of threatening to obtain or release information from a protected computer to the definition of a cyber crime and expands the definition of a cyber crime to include demanding money in relation to a protected computer, where the damage to the victim computer was caused to facilitate the extortion..."

  • October 10, 2007
    * Hearing and Markup: H.R. 2631, the Nuclear Forensics and Attribution Act

    Vahid Majidi, Assistant Director, WMD Directorate, Federal Bureau of Investigation - Statement Before the House Committee on Homeland Security, Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology, October 10, 2007

  • "The number one priority of the FBI is to protect the nation from terrorist attacks. Within that priority, the weapons of mass destruction (WMD) terrorist threat is clearly our most pressing concern. The FBI established the WMD Directorate in 2006 to bring together the units within the FBI that were addressing the response, investigation, intelligence dissemination, and analysis and countermeasures programs into one unified structure. This unity of leadership has strengthened the FBI's ability to prevent a WMD terrorist attack significantly. Key to our prevention efforts is a strong forensic program that includes all aspects of WMD and traditional forensic expertise. Additionally, we at the FBI recognize that it is through interagency cooperation that the WMD terrorist threat is best addressed."

  • H.R.2631 - To strengthen efforts in the Department of Homeland Security to develop nuclear forensics capabilities to permit attribution of the source of nuclear material.
  • * House Intelligence Cmte. Approves Foreign Intelligence Surveillance Overhaul Opposed by White House

    Follow up to October 9, 2007 posting, Conyers, Reyes Introduce FISA Revision Legislation, today's press release: "The House Permanent Select Committee on Intelligence voted 12-7 today to send the RESTORE Act (H.R. 3773) to the floor of the U.S. House of Representatives for consideration."

    October 09, 2007
    * White House: National Strategy for Homeland Security

    Fact Sheet: National Strategy for Homeland Security - A Comprehensive Guide For Securing the Homeland: "Today, the President issued an updated National Strategy for Homeland Security, which will serve to guide, organize, and unify our Nation's homeland security efforts. This Strategy is a national strategy – not a Federal strategy – and articulates our approach to secure the Homeland over the next several years. It builds on the first National Strategy for Homeland Security, issued in July 2002, and complements both the National Security Strategy issued in March 2006 and the National Strategy for Combating Terrorism issued in September 2006. It reflects our increased understanding of the threats confronting the United States, incorporates lessons learned from exercises and real-world catastrophes, and articulates how we should ensure our long-term success by strengthening the homeland security foundation we have built. This includes calling on Congress to make the Foreign Intelligence Surveillance Act (FISA) reforms in the Protect America Act of 2007 permanent."

  • National Strategy For Homeland Security (62 pages, PDF)
  • October 07, 2007
    * Guide to Finding Proposed Legislation Using EUR-Lex

    European Information Association: "See also our guides to using OEIL and PreLex. Produced by the Commission and Parliament respectively, these two sources allow you to monitor the progress of proposed legislation through the various stages leading to adoption (or rejection - not all proposals are adopted). Proposals are generally published by the European Commission. They appear initially as Commission Communications (COMdocs or COMs)...Not all COMdocs are proposals for legislation; some take the form of consultative documents (Green / White papers), others are reports on EU policies."

  • See also Finding national implementing measures using N-Lex: "The form of EU legislation known as a 'Directive' sets out the objectives to be achieved, but leaves individual Member States to implement the detailed legislative measures required. The result is that, for every Directive, there is an EU-level text plus x number of national versions - which will invariably differ in detail from the original...N-Lex can be accessed direct at eur-lex.europa.eu/n-lex or via the EUR-Lex website."
  • October 04, 2007
    * House Passes Military Contractor Legislation

    Press release: "Today, the U.S. House of Representatives overwhelmingly passed the Military Extraterritorial Jurisdiction Act (MEJA - H.R. 2740) Expansion and Enforcement Act of 2007, despite the Bush Administration's opposition, with a vote of 389-30. The bill, which passed through the House Judiciary Committee in August, makes private contractors working in combat zones like Iraq and Afghanistan subject to prosecution for wrongdoing in U.S. courts."

    Related government documents and news:

  • Senator Leahy’s letter to Secretary Rice, asking that FBI team investigating Blackwater in Baghdad be protected by State Dept. security, instead of by Blackwater guards. October 3, 2007

  • AP: House OKs Bill to Prosecute Contractors
  • October 03, 2007
    * Climate Change Legislation Design White Paper: Scope of a Cap-and-Trade Program

    Boucher and Dingell Release First Climate Change Legislation Design White Paper, prepared by the Committee on Energy and Commerce committee staff, October 3, 2007 (22 pages, PDF): "This paper addresses the scope and coverage of the climate change program. It discusses what sectors and activities are directly emitting greenhouse gases, and how those emissions could be included in a cap-and-trade program."

    September 30, 2007
    September 25, 2007
    * Senate Judiciary Hearing: Strengthening FISA: Does the Protect America Act Protect Americans' Civil Liberties and Enhance Security?

    Hearing before the Senate Judiciary Committee on “Strengthening FISA: Does the Protect America Act Protect Americans' Civil Liberties and Enhance Security?” Tuesday, September 25, 2007. [Link to witness statements]

  • September 25, 2007: DNI Statement for the Record - Senate Committee on the Judiciary Hearing on FISA

  • Related postings on FISA and Protect America Act
  • September 24, 2007
    * Report by Environmental Group Analyzes Energy Bill Emissions Reduction Scenarios

    Press release: "A new analysis released today by Environmental Defense shows that energy legislation passed by the House and Senate would let greenhouse emissions continue to increase for the next three decades, even if the best fuel-saving and renewable energy provisions in both bills were combined in conference committee...Environmental Defense’s analysis examines how well U.S. greenhouse gas emissions might be reduced under a law that incorporates the key provisions of both bills. The result is a set of emissions reduction scenarios for more optimistic and less optimistic expectations for the outcome of the conference and implementation of the final law...The full analysis is available online here."

    * Citizen Group Launches Online Tool to Investigate and Evaluate Earmarks

    "Today, Sunlight and Taxpayers for Common Sense launched EarmarkWatch.org, a user-friendly, online investigative tool that lets citizens connect the dots between lawmakers, lobbyists, campaign contributors and earmarks, plus share info and comments on whether earmarks meet pressing needs, pay off political contributors, or are simply pure pork. Currently, the site includes nearly 3,800 earmarks from three bills: the House Defense Appropriations bill and both the House and Senate versions of the Labor, Health and Human Services, and Education Appropriations bill. We will continue to insert more bills for citizen scrutiny, and will continuously publish the results of ongoing investigation."

    September 23, 2007
    * Do Not Call Listings Expire After Five Years - Be Sure to Renew

    FTC Consumer Alert - Q&A: The National Do Not Call Registry
    How long does my phone number stay registered?
    "Your phone number will remain on the registry for five years from the date you register (unless you choose to take it off the registry or your phone number is disconnected). If you register online, you may want to print the Web page for your records when your registration is accepted."

  • AP: Numbers placed on the registry, begun in June 2003, are valid for five years. For the millions of people who signed onto the list in its early days, their numbers will automatically drop off beginning next June if they do not enroll again...But Rep. Mike Doyle, D-Pa., says people should not be forced to re-register to keep telemarketers at bay. Doyle introduced legislation this [past] week [H.R. 3541], with bipartisan support, to make registrations permanent."

  • H.R. 3541: To amend the "Do-not-call" Implementation Act to eliminate the automatic removal of telephone numbers registered on the Federal "do-not-call" registry.
  • * New Online Guide to House and Senate Members of the 110th Congress

    GPO: "This online Guide to the House and Senate Members of the 110th Congress is intended to be a single point of access for Member information from several different official sources. Both congressional offices and the public will be able to:

  • Access data concerning House and Senate Members from various publications including: the Congressional Pictorial Directory, Congressional Biographical Directory, and, in the near future, the Congressional Directory. These publications can also be found here.

  • Search for and retrieve individual Members by name, district, hometown, or groups of Members by state, party affiliation, or number of terms.

  • Link to individual Member's corresponding information in the Biographical Directory maintained by the House and Senate.
  • September 21, 2007
    * New Australian Legislation Would Allow Police to Ban Internet Content

    Press release: "Electronic Frontiers Australia (EFA) today slammed a Bill introduced into the Senate which would give members of the Australian Federal Police powers to ban access to Internet content. The Communications Legislation Amendment (Crime or Terrorism Related Internet Content) Bill 2007 would, if enacted, give senior members of the Australian Federal Police powers to ban access to Internet content which they "have reason to believe": encourages, incites, or induces the commission of a Commonwealth offence; or was published in part to facilitate the commission of such an offence; or that it is likely to have the effect of facilitating the commission of such an offence."

  • Text of the Communications Legislation Amendment (Crime or Terrorism Related Internet Content) Bill 2007
  • September 19, 2007
    * EPA Approves New Coal-Fired Power Plant Without CO2 Controls

    "The Environmental Protection Agency has ignored the recent Supreme Court decision that CO2 is an air pollutant under the federal Clean Air Act and approved a permit for a new coal-fired power plant without regulating its CO2 emissions or considering the impact of the new power plant on global warming. In a letter to EPA Administrator Stephen Johnson, Chairman Waxman explains why the EPA action violates the Clean Air Act and would allow the construction of a new generation of highly polluting power plants that will worsen global warming. Chairman Waxman writes that the Oversight Committee will be investigating the decision and requests copies of all communications with the White House about the permit action."

    September 18, 2007
    * Law Library of Congress Launches Redesigned Website

    "The Law Library of Congress is pleased to announce the release of its newly designed web site. The web site includes information on a range of legal issues and research topics as well as our services and logistics of using the Reading Room. In addition to established products such as the Global Legal Information Network (GLIN), Guide to Law Online and the Global Legal Monitor, new Law Library products are available as well." [Emily Carr, Law Library of Congress]

    Highlights include:

  • Congressional Hearings Project: Full-text access to selected historical Congressional committee hearings on a variety of topics.

  • Foreign and International Law Guides: Provides a starting point for researching foreign, international, and comparative law with analysis and references to official printed and online resources.

  • Pakistan: Crisis in the Judiciary - Find information and analysis of the suspension and subsequent reinstatement of the Chief Justice of Pakistan.

  • * Hearing on Warrantless Surveillance and the Foreign Intelligence Surveillance Act

    House Judiciary Committee Hearing on Warrantless Surveillance and the Foreign Intelligence Surveillance Act: The Role of Checks and Balances in Protecting Americans’ Privacy Rights (Part II). Statements of Mike McConnell, Director of National Intelligence and Kenneth Wainstein, Assistant Attorney General for National Security, United States Department of Justice.

  • LLRX.com: The Protect America Act and Legislation Related to the Domestic Surveillance Program

  • AP: "No Americans' telephones have been tapped without a court order since at least February, the top U.S. intelligence official told Congress Tuesday. But National Intelligence Director Mike McConnell could not say how many Americans' phone conversations have been overheard because of U.S. wiretaps on foreign phone lines."

  • ABC News: "Director of National Intelligence Says U.S. Didn't Connect Available Information: "Six years after the deadliest attack on U.S. soil, the head of U.S. spy operations admitted to lawmakers that "9/11 should have and could have been prevented." Director of National Intelligence, Michael McConnell, told members of the House Judiciary Committee Tuesday that "it was an issue of connecting information that was available." McConnell, explaining that the intelligence community was, at the time, very focused on foreign threats, said the community allowed itself "to be separated from anything that was potentially domestic," and that domestic threats were "not something we [were] supposed to be concerned with."
  • September 16, 2007
    September 13, 2007
    * Report on Internet Tax Freedom Act and the "Digital Divide"

    The Internet Tax Freedom Act and the "Digital Divide" by Michael Mazerov, Center on Budget and Policy Priorities: "Proponents of the "Permanent Internet Tax Freedom Act" argue that banning state and local taxes on Internet access is key to encouraging more households to subscribe and incentivizing companies to make broadband more widely available. Considerable real-world evidence refutes this claim."

  • Permanent Internet Tax Freedom Act of 2007 (H.R. 743)
  • September 09, 2007
    * House Passes Patent Reform Act of 2007

    Follow up to September 6, 2007 posting, Backgrounder on H.R. 1908, the Patent Reform Act of 2007, Bloomberg News report, House Passes Bill to Curb Suits by Patent Owners: "The House approved the most sweeping changes to United States patent law in more than half a century on Friday...The measure passed by the House would change the rules at the Patent and Trademark Office so patents would go to the first person to file an application, not necessarily the first inventor."

  • H.R. 1908: Patent Reform Act of 2007

  • H.R. 1908: Patent Reform Act of 2007 (Vote On Passage)
  • September 07, 2007
    * Today's GAO Reports, Correspondences and Testimony

    Reports

  • Health Care 20 Years From Now: Taking Steps Today to Meet Tomorrow's Challenges. (Highlights of a forum convened by the comptroller general of the United States.) GAO-07-1155SP, September 2007, 2007

  • Maritime Transportation: Major Oil Spills Occur Infrequently, but Risks to the Federal Oil Spill Fund Remain. GAO-07-1085, September 7, 2007

  • Water Resources: Four Federal Agencies Provide Funding for Rural Water Supply and Wastewater Projects. GAO-07-1094, September 7, 2007


  • Correspondences
  • Social Security: Costs Associated with the Administration's Efforts to Promote Program Reforms. GAO-07-621R, August 10, 2007

  • Radiation Exposure Compensation Act: Program Status. GAO-07-1037R, September 7, 2007


  • Testimony
  • Securing, Stabilizing, and Rebuilding Iraq: Iraqi Government Has Not Met Most Legislative, Security, and Economic Benchmarks, by David M. Walker, comptroller general of the United States, before the Senate Committee on Armed Services. GAO-07-1230T, September 7, 2007


  • Presentation By The Comptroller General
  • "Fiscal and Health Care Challenges" by David M. Walker, comptroller general of the United States, at the HR Policy Association's Washington Policy Conference, in Washington, D.C. GAO-07-1231CG, September 6, 2007

  • September 06, 2007
    * Consumer Reports Poll: 89 Percent of Americans Want Lawmakers to Restrict the Use of Social Security Numbers

    "As Congress and federal regulators consider proposals aimed at reducing the risk of identity theft, a national poll by the Consumer Reports National Research Center reveals that an overwhelming majority of Americans want lawmakers to restrict the use and availability of Social Security numbers by businesses and government agencies. According to the poll, 89 percent of Americans agree that state and federal lawmakers should pass laws restricting the use of Social Security numbers. Social Security numbers are particularly sensitive information because they can provide the key to unlocking a consumer’s financial identity...Consumers Union released the poll results in comments filed with the Federal Trade Commission (FTC), which is studying the collection and use of Social Security numbers by the private sector. Several pending congressional proposals would restrict the sale, purchase, and display of Social Security numbers. Consumers Union recommends that the sale and purchase of the numbers be tightly restricted and that solicitation be prohibited except where required by law or where needed for credit, employment, tax compliance, or investment purposes."

  • Summary of Social Security Number Privacy Legislation Under Active Consideration in House and the Senate, as of September 5, 2007 and the full text of H.R. 3046
  • September 04, 2007
    * Closing the Tax Gap

    House Report 110-207: Financial Services and General Government Appropriations Bill, 2008 - Closing the Tax Gap: "According to the Internal Revenue Service (IRS), taxpayers paid about $1.8 trillion in taxes on time in 2001. Research conducted by the IRS has estimated that the 'tax gap', or the difference between total Federal taxes owed and the tax collections received, was $345 billion for tax year 2001. Once IRS collection and enforcement actions are taken into account, the net tax gap is estimated to be $290 billion. Others have disputed this figure and argued that the actual figure is higher. In addition to the effect of the tax gap on overall Federal resources, the very existence of the tax gap stands contrary to IRS efforts to promote compliance. The Committee agrees with the assessment of the IRS Oversight Board in its most recent annual report that 'the tax gap is an injustice to compliant taxpayers who ultimately are bearing the financial burden of those who do not pay what they owe, whether intentionally or not.' As the IRS National Taxpayer Advocate noted in her annual report this year, the existence of the tax gap effectively amounts to a per-taxpayer 'surtax of more than $2,200 to subsidize noncompliance by others.'"

    August 29, 2007
    August 27, 2007
    August 21, 2007
    * DOT OIG Audit Initiated of FAA's Automatic Dependent Surveillance - Broadcast Program

    Audit Initiated of FAA's Automatic Dependent Surveillance - Broadcast Program: Automatic Dependent Surveillance - "Broadcast (ADS-B) is a cornerstone technology planned for FAA's Next Generation Air Transportation System (NextGen). This satellite-based technology has significant potential to improve safety and enhance capacity of the National Airspace System by, among other things, providing greater situational awareness to pilots. At the request of the Chairmen of the House Transportation Infrastructure Committee and the House Aviation Subcommittee, we will review FAA's plans for implementing ADS-B. Our objectives are to (1) examine key risks to FAA's successful implementation of ADS-B and (2) assess the strengths and weaknesses of FAA's proposed contracting approach."

    Related government documents:

  • Federal Aviation Administration: NextGen Financing Reform Act of 2007 (Reauthorization)

  • Statement of Bruce Johnson, VP of Terminal Services, and Steven Zaidman, VP of Technical Operations, Federal Aviation Administration, before the Committee on Transportation and Infrastructure, Subcommittee on Aviaton, on the FAA's Aging ATC Facilities: Investigating the Need to Improve Facilities and Worker Conditions, pn July 24, 2007: "...the current air traffic system is built around 1960s radar technology [emphasis added] and is constrained by its limitations. At the time the system was built, each air traffic facility could receive signals from only one radar. That operational limitation required that we build more than 300 air traffic control facilities spread across the country. That number has grown to 526 terminal and en route air traffic control facilities across the country. Out of these, the FAA has responsibility for replacing and transitioning over 400 to NextGen..."

  • August 20, 2007
    * UCSC's Open Archive of Congressional Proceedings

    "Metavid, hosted by The University of California at Santa Cruz, is a project which seeks to capture, stream, archive and facilitate real-time collective [re]mediation of legislative proceedings. Metavid makes use of entirely free and open source software and video codecs to make both the footage and the architecture of the site available, accessible and recontextualizable."

  • "Metavid was created by Michael Dale and Abram Stern last year as their thesis project in UC Santa Cruz’s new Digital Arts and New Media (DANM) graduate program. Using public domain video feed from C-SPAN, Metavid makes video archives of congressional floor proceedings on the web, searchable according to who said what, and indexed, so that users can easily link to any moment of dialogue."
  • August 15, 2007
    * FCC Revises 700 MHz Rules to Advance Interoperable Public Safety Communications and Promote Wireless Broadband Deployment

    FCC press release, July 31, 2007: "In a Second Report & Order (Order) adopted today, the Federal Communications Commission (FCC) revised the 700 MHz band plan and service rules to promote the creation of a nationwide interoperable broadband network for public safety and to facilitate the availability of new and innovative wireless broadband services for consumers. The 700 MHz Band spectrum, which runs from 698-806 MHz, currently is occupied by television broadcasters and will be made available for other wireless services, including public safety and commercial services, as a result of the digital television (DTV) transition. The Digital Television and Public Safety Act of 2005 (DTV Act) set a firm deadline of February 17, 2009, for the completion of the DTV transition. The DTV Act also requires the FCC to commence an auction of the previously unauctioned commercial spectrum in the 700 MHz Band no later than January 28, 2008."

    August 12, 2007
    * Library of Congress Webcast Available on Torture, Detainees and the U.S. Military

    The Law Library of Congress is pleased to announce the following new resource: Webcast: A Panel Discussion - "Torture, Detainees, & the U.S. Military" [via Emily Carr/Law Library of Congress]
    TITLE: A Panel Discussion: "Torture, Detainees, and the U.S. Military"
    SPEAKERS: Brigadier General Patrick Finnegan, United States Army; Brigadier General James C. Walker, United States Marine Corps; Ms. Jacki Northam, National Public Radio Correspondent; Professor Gary Solis, Law Library Scholar in Residence; Mr. Lee A. Casey, Baker Hostetler
    EVENT DATE: July 11, 2007
    RUNNING TIME: 1:31:03
    DESCRIPTION: On July 11, 2007, The Law Library of Congress hosted its first program in its new multimedia room. Law Library Scholar in Residence, Gary Solis, moderated the panel discussion touching upon several current topics of national interest and concern: Guantanamo; "high value" detainees; military commissions; fair trials; and allegations of torture by agents of the U.S., including military personnel. With their extensive personal involvement in combatant operations, expertise in legal issues relating to prisoner torture and mistreatment, and their association with legislative concerns, the panelists provided tremendous insight to these timely subjects. The discussion was followed by a questions and answer session with the audience."

    August 07, 2007
    * Civil Liberties Issues and Amendments to Foreign Intelligence Surveillance Act

    Follow-up to August 6, 2007 posting - Questions and Answers on the Protect America Act of 2007 - today's related press release on the bill President Bush signed into law on August 5, 2007: "U.S. Senator Dianne Feinstein (D-Calif.) yesterday asked for and received a letter from Admiral Mike McConnell [text of which is included in this release], Director of National Intelligence, detailing assurances he made to Senators on Friday evening that temporary modifications to the Foreign Intelligence Surveillance Act will not infringe on the rights of Americans."

  • ACLU Fact Sheet on the “Police America Act"
  • August 06, 2007
    * Questions and Answers on the Protect America Act of 2007

    Follow-up to August 5, 2007 posting - Bill to Amend Foreign Intelligence Surveillance Act Ready for President's Signature - today's FAQ: How far does the new wiretap law go? by Declan McCullagh - "Over strong objections from civil liberties groups and many Democrats, legislators voted over the weekend to temporarily rewrite a 1978 wiretapping law that the Bush administration claimed was hindering antiterrorism investigations."

    Related government documents:

  • President Bush Commends Congress on Passage of Intelligence Legislation, August 5, 2007

  • Fact Sheet: The Prot