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
- Cost Estimate for S. 2191, America's Climate Security Act of 2007, April 10, 2008: Cost estimate for the bill as ordered reported by the Senate Committee on Environment and Public Works on December 5, 2007.
- Cost Estimate for S. 2191, America's Climate Security Act of 2007, with an amendment, April 10, 2008: Cost estimate for the bill as ordered reported by the Senate Committee on Environment and Public Works on December 5, 2007, with a proposed amendment transmitted to CBO on April 9, 2008
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
New on LLRX.com for April 2008
- The Personal Information Trainer, by Stuart Basefsky
- Criminal Law Resources: Fingerprint Evidence Challenges, by Ken Strutin
- The Social Networking Titans: Facebook and MySpace, by Deborah Ginsberg and Meg Kribble
- Update to Choosing Law Librarianship: Thoughts for People Contemplating a Career Move, by Mary Whisner
- Living With the Asus Eee PC, by Conrad J. Jacoby
- Competitive Intelligence - A Selective Resource Guide, by Sabrina I. Pacifici, completely revised and updated.
- Doing Legal Research in Canada - revised and updated, by Ted Tjaden
- The Tao of Law Librarianship: If the Books Go, Will They Still Want Us? by Connie Crosby
- E-Discovery Update: Minimizing E-Mail Archive Data Conversion Issues, by Conrad J. Jacoby
- Reference from Coast to Coast: Making A Federal Case Out of It, by Jan Bissett and Margi Heinen
- FOIA Facts: Increasing the Quality of FOIA Releases, by Scott A. Hodes
- The Government Domain: Rich Resources from the Librarians of the Fed, by Peggy Garvin
- LLRX Book Review by Heather A. Phillips - Jerome Neu’s Sticks and Stones: The Philosophy of Insults
- Commentary: Waterboarding, Congress and the President, by Beth Wellington
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 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
Recent CRS Reports: Comprehensive Nuclear-Test-Ban Treaty, Credit Card Market, Child Welfare Issues
February 28, 2008 - The D.C. Circuit Rejects EPA's Mercury Rules: New Jersey v. EPA
February 28, 2008 - Comprehensive Nuclear-Test-Ban Treaty: Issues and Arguments
February 27, 2008 - Consumer Product Safety Commission: Current Issues
February 27, 2008 - The Credit Card Market: Recent Trends, Funding Cost Issues, and Repricing Practices
February 26, 2008 - Child Welfare Issues in the 110th Congress
February 26, 2008 - National Aeronautics and Space Administration: Overview, FY2009 Budget, and Issues for Congress
February 27, 2008
New on LLRX.com
Eight Legal Technology Trends for 2008 – Good Times, Bad Times or Hard Times in Legal Tech? by Dennis Kennedy
E-Discovery Update: Resolving Client-Vendor Disputes, by Conrad Jacoby
Happ-eee with my Eee PC, by Bette Dengel
Knowledge Discovery Resources 2008, by Marcus P. Zillman
The Government Domain: What's New in DotGov and Beyond, by Peggy Garvin
FOIA Facts: The Congressional Role in FOIA Operations, by Scott A. Hodes
Mexico and its Legal System, by Prof. Jorge A. Vargas
CongressLine: The Budget, by Paul Jenks
The Caribbean Court of Justice: A Research Guide, by Yasmin Morais
Burney's Legal Tech Reviews, by Brett Burney
More Recommendations from MacWorld 2008, by Nicholas Moline
Commentary: The Theory of the Unitary Executive and the FY2009 Budget, by Beth Wellington
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
Recent CRS Reports: Corporate Mergers, Hate Crime Legislation, FDA Fast Track, Federal Pollution Controls
February 21, 2008 - FDA Fast Track and Priority Review Programs
February 20, 2008 - Constitutional Limits on Hate Crime Legislation
February 20, 2008 - Trade Adjustment Assistance (TAA) for Workers: Current Issues and Legislation
February 20, 2008 - Federal Pollution Control Laws: How Are They Enforced?
February 20, 2008 - Privacy and Civil Liberties Oversight Board: New Independent Agency Status
February 19, 2008 - The Alternative Minimum Tax For Individuals: Legislative Activity in the 110th Congress
February 14, 2008, Largest Mergers and Acquisitions by Corporations in 2007
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:
- JCX-13-08 (January 30, 2008) Estimated Budget Effects Of The "Economic Stimulus Act Of 2008," As Ordered Reported By The Committee On Finance And Scheduled For Consideration On The Senate Floor On January 30, 2008
- JCX-12-08 (January 30, 2008) Estimated Budget Effects Of The Chairman's Modification To The "Economic Stimulus Act Of 2008," Scheduled For Markup By The Committee On Finance On January 30, 2008
- JCX-11-08 (January 30, 200) Description Of The Chairman's Modification To The Provisions Of The "Economic Stimulus Act Of 2008"
- Inside the JCT Revenue Estimating Process (Rev. January 30, 2008), A presentation by the Chief of Staff of the Joint Committee On Taxation, Edward Kleinbard, to the New York State Bar Association on January 29, 2008.
- JCX-10-08 (January 29, 2008) Distributional Effects Of A Proposal To Provide Tax Credits For Individual Taxpayers As Contained In The "Economic Stimulus Act Of 2008," Scheduled For Markup By The Committee On Finance On January 30, 2008
- JCX-9-08 (January 29, 2008) Estimated Budget Effects Of The "Economic Stimulus Act Of 2008," Scheduled For Markup By The Committee On Finance On January 30, 2008
- JCX-8-08 (January 28, 2008) Description Of The "Economic Stimulus Act Of 2008"
- JCX-7-08 (January 28, 2008) Distributional Effects Of A Proposal To Provide Tax Credits For Individual Taxpayers As Contained In H.R. 5140, The "Recovery Rebates And Economic Stimulus For The American People Act Of 2008"
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
Recovery Rebates and Economic Stimulus for the American People Act of 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
New on LLRX.com
Reviewing the XO “$100” Laptop, by Conrad J. Jacoby
Social Networks for Law Librarians and Law Libraries, or How We Stopped Worrying and Learned to Love Friending, by Debbie Ginsberg and Meg Kribble
FOIA Facts: The Impact of the OPEN Government Act of 2007, by Scott A. Hodes
Criminal Resources: Criminal Defense Investigation, by Ken Strutin
Bella is Bewildered About Blogs, by Beverly Butula
Reference from Coast to Coast: Learning to Love Those 50 State Surveys, by Jan Bissett and Margi Heinen
The Government Domain: Regulations.gov 2.0, by Peggy Garvin
What's in the Air at MacWorld? by Nicholas Moline
LLRX Book Review by Heather A. Phillips - John Marshall and the Heroic Age of the Supreme Court
Burney's Legal Tech Reviews - The Better Digital Mouse Trap, an All Purpose Travel Bag, and a Shiny Cell Phone, by Brett Burney
CongressLine: SPQR, by Paul Jenks
Commentary: The Supplemental Mine Improvement and New Emergency Response Act, by Beth Wellington
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
Open CRS Posts Recent Reports on: Democracy Promotion, National Aviation Security Policy, Pay-As-You-Go Procedures for Budget Enforcement
January 3, 2008 - The Effect of State-Legalized Same-Sex Marriage on Social Security Benefits and Pensions
January 2, 2008 - National Aviation Security Policy, Strategy, and Mode-Specific Plans: Background and Considerations for Congress
December 31, 2007 - Pay-As-You-Go Procedures for Budget Enforcement
December 28, 2007 - U.S. Foreign Assistance to Latin America and the Caribbean: FY2006-FY2008
December 28, 2007 - Consolidated Appropriations Act for FY2008: Brief Overview
December 27, 2007 - Motor Vehicle Manufacturing Employment: National and State Trends and Issues
December 26, 2007 - Democracy Promotion: Cornerstone of U.S. Foreign Policy?
December 26, 2007 - Resolving House Committee Jurisdictional Disputes: A Survey of Options
December 21, 2007 - Energy Independence and Security Act of 2007: A Summary of Major Provisions
December 21, 2007 - Spending by Consumers on Health Care and Health Insurance: A Data Brief
Via Secrecy News, Suits Against Terrorist States By Victims of Terrorism, Updated December 17, 2007
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
New on LLRX.com
Mis-Information at the Heart of the University: Why Administrators Should Take Libraries More Seriously, by Stuart Basefsky
Carpe Diem: Establish an Institutional Repository for Your Organization, by Carol A. Watson
What's New in Cordless Mice? by Jeffrey J. Beard
FOIA Facts: FOIA - The Year in Review, by Scott A. Hodes
E-Discovery Update: A Contrarian Retrospective On E-Discovery In 2007, by Conrad Jacoby
Who Said, “Go West, Young Man” - Quote Detective Debunks Myths, by Fred R. Shapiro
Burney's Legal Tech Reviews: Legal Gadget Wish-List for the New Year, by Brett Burney
CongressLine: The Committee Markup, by Paul Jenks
LLRX Book Review by Heather A. Phillips - Books on Trial: Red Scare in the Heartland
Analysis of the Energy Bill, the EPA's Refusal to Grant Waivers and State Laws With Respect to Climate Change, by Beth Wellington
LLRX Book Review by Sabrina I. Pacifici - The Yale Book of Quotations
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
New on LLRX.com
Mis-Information at the Heart of the University: Why Administrators Should Take Libraries More Seriously, by Stuart Basefsky
Carpe Diem: Establish an Institutional Repository for Your Organization, by Carol A. Watson
What's New in Cordless Mice? by Jeffrey J. Beard
FOIA Facts: FOIA - The Year in Review, by Scott A. Hodes
E-Discovery Update: A Contrarian Retrospective On E-Discovery In 2007, by Conrad Jacoby
Who Said, “Go West, Young Man” - Quote Detective Debunks Myths, by Fred R. Shapiro
Burney's Legal Tech Reviews: Legal Gadget Wish-List for the New Year, by Brett Burney
CongressLine: The Committee Markup, by Paul Jenks
LLRX Book Review by Heather A. Phillips - Books on Trial: Red Scare in the Heartland
Analysis of the Energy Bill, the EPA's Refusal to Grant Waivers and State Laws With Respect to Climate Change, by Beth Wellington
LLRX Book Review by Sabrina I. Pacifici - The Yale Book of Quotations
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
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 step