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Daily Archives: November 15, 2016

Agency Final Rules Submitted After May 30, 2016, May Be Subject to Disapproval in 2017 Under Congressional Review Act

CRS INSIGHT Agency Final Rules Submitted After May 30, 2016, May Be Subject to Disapproval in 2017 Under the Congressional Review Act, November 9, 2016 (IN10437). Christopher M. Davis, Richard S. Beth.
“With a change of presidential administrations taking place in January, some in Congress are paying renewed attention to a parliamentary mechanism that might enable the new Congress and the new President to overturn agency final rules of the Obama Administration issued after late-May 2016. The Congressional Review Act (5 U.S.C. §§801-808), enacted as part of the 104th Congress’s (1995-1996) “Contract with America,” established a special parliamentary mechanism whereby Congress can disapprove a final rule promulgated by a federal agency. While Congress has considered several CRA joint resolutions of disapproval since 1996, the CRA mechanism has successfully overturned only one agency final rule: a 2000 Occupational Safety and Health Administration (OSHA) rule related to workplace ergonomics standards. Perhaps the most widely cited reason why the CRA has overturned only one agency rule in 20 years is the de facto supermajority vote required to enact a CRA resolution of disapproval. While all of the congressional votes related to a CRA disapproval resolution are simple majority votes, the way the mechanism is structured all but assures that a veto override—requiring a two-thirds majority of both houses of Congress—will be necessary to enact the disapproval resolution. This is because a President is most likely to veto a joint resolution that attempts to strike down a rule proposed by his own Administration. For example, in the 114th Congress (2015-2016), President Barack Obama has vetoed five CRA disapproval resolutions presented to him by Congress.”

ALA President statement on Libraries, the Association, Diversity and Inclusion

American Library Association President Julie Todaro: “After a contentious campaign season filled with divisive rhetoric, we are now hearing from our members and in the news media about incidents of bigotry and harassment within our communities. From children acting out in schools to adults participating in violent acts, it is clear that our nation is… Continue Reading

100,000 android smartphones have backdoor hacking your data sending it to China

Secret Backdoor in Some U.S. Phones Sent Data to China, Analysts Say – “For about $50, you can get a smartphone with a high-definition display, fast data service and, according to security contractors, a secret feature: a backdoor that sends all your text messages to China every 72 hours. Security contractors recently discovered preinstalled software… Continue Reading

Amazon sues resellers of counterfeit goods

WSJ – “Amazon.com Inc. this week filed lawsuits targeting sellers allegedly listing counterfeit goods on its website, publicly cracking down on an issue that has caused increasing friction. The two lawsuits, Amazon’s first legal challenge against its third-party sellers for bogus products, pertain to fake versions of the Forearm Forklift, a strap system that allows… Continue Reading

Hope in the Dark – Untold Histories, Wild Possibilities

Free ebook – Hope in the Dark – Untold Histories, Wild Possibilities by Rebecca Solnit “With Hope in the Dark, Rebecca Solnit makes a radical case for hope as a commitment to act in a world whose future remains uncertain and unknowable. Drawing on her decades of activism and a wide reading of environmental, cultural,… Continue Reading

FTC Enforcement Policy Statement – Marketing Claims for Over-the-Counter Homeopathic Drugs

“The Federal Trade Commission today announced a new “Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs.”  The policy statement was informed by an FTC workshop held last year to examine how such drugs are marketed to consumers. The FTC also released its staff report on the workshop, which summarizes the panel presentations… Continue Reading

GAO Reports – Air Traffic Control, Financial Audits of Federal Reserve, CFPB, FHFA, SEC, Preventing llicit Drug Use

Air Traffic Control: Experts’ and Stakeholders’ Views on Key Issues to Consider in a Potential Restructuring, GAO-17-131: Published: Oct 13, 2016. Publicly Released: Nov 15, 2016. Corporate Shareholder Meetings: Proxy Advisory Firms’ Role in Voting and Corporate Governance Practices, GAO-17-47: Published: Nov 15, 2016. Publicly Released: Nov 15, 2016. Federal Reserve: Additional Actions Could Help… Continue Reading