Congress Reforming Government Surveillance Authority

Legislation to reform expansive surveillance authority moved forward in both the House and the Senate recently. The House passed the RESTORE Act (H.R. 3773), which would reform the Protect America Act (PAA), passed in haste before Congress's August recess. The Senate Judiciary Committee narrowly passed the FISA Amendments Act of 2007 (S. 2248) without telecom immunity provisions that were included in the Senate Intelligence Committee bill, setting up a confusing situation that makes it unclear which version will be sent to the Senate floor for consideration.

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Senate Judiciary Committee Skeptical of Telecom Immunity

As the Senate considers legislation to address the president's surveillance powers, the Senate Judiciary Committee registered concern regarding the recent compromise brokered in the Senate Intelligence Committee to grant the telecommunications industry immunity for alleged illegal assistance with the National Security Agency's (NSA) warrantless surveillance of American citizens. Sens. Patrick Leahy (D-VT) and Arlen Specter (R-PA), respectively, chairman and ranking member of the Senate Judiciary Committee, stated that immunity did not appear to be necessary, and that those alleging harm should have their day in court.

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National Research Council Recommends Greater Openness

The National Research Council of the National Academies issued a report in October calling for policies to improve government openness with regard to scientific information. The report stressed that certain government policies developed after 9/11 overly restrict access to scientific information and thereby harm scientific progress and national security.

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California Moves Forward with Greenhouse Gas Reporting

On Oct. 19, the California Air Resources Board (CARB) released a draft rule that would create an extensive mandatory greenhouse gas reporting system and held a public workshop to review the proposal on Oct. 31. The Global Warming Solutions Act of 2006 (A.B. 32) requires CARB to adopt regulations creating a greenhouse gas registry by Jan. 1, 2008, putting in place what appears to be the country's most comprehensive and sophisticated greenhouse gas registry.

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Consumer Products Expose Children to Toxic Chemicals

If you are worried about products exposing you or your children to toxic chemicals, don't look to the federal government for much help. The government, to a large extent, does not require companies to test chemicals for possible health effects before using them in consumer products, nor does it require that such products be fully labeled with chemical ingredients. In the absence of such government activity, public interest groups and the media have stepped into the role of testing and informing the public.

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AMT: Mother of All Tax Bills and Progeny

On Oct. 25, after a gestation period of nearly nine months, House Ways and Means Committee Chair Charles Rangel (D-NY) finally unveiled the Tax Reduction and Reform Act of 2007 (H.R. 3970), his self-described "mother of all tax bills." The Rangel bill is a $930 billion, multi-faceted tax reform package that seeks to abolish the Alternative Minimum Tax (AMT) on a revenue-neutral basis. The measure redistributes the tax burden away from lower- and middle-class taxpayers and toward the wealthy beneficiaries of the Bush tax cuts of 2001 and 2003.

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Congress to Send Labor/HHS Appropriations to President While SCHIP Conflict Continues

President Bush is soon expected to veto a congressionally approved version of the Labor/Health and Human Services/Education (Labor/HHS) appropriations bill, which funds an array of human needs programs. It is still uncertain if there is enough support in the House to override the president's veto. Meanwhile, enough Republican opposition remains to a proposed reauthorization of the State Children's Health Insurance Program (SCHIP) that the months-old conflict over the program drags on.

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Senate Committee Hears GAO Testimony on New Report on Terrorist Watchlist

An October 2007 report from the Government Accountability Office (GAO) addresses lingering weaknesses in the Terrorist Screening Center (TSC) watchlist. GAO's report provides insight into what further actions can be taken by government agencies to enhance the accuracy of anti-terrorism screening efforts. The GAO report was released just as the Senate Homeland Security and Governmental Affairs Committee held a hearing on the reliability of the Terrorist Screening System.

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Lobbying and Ethics Reforms Being Implemented

President Bush signed the Honest Leadership and Open Government Act of 2007 (HLOGA), S.1, on Sept. 14; revised House ethics rules took effect in March. The focus of these reforms has now shifted to implementation of the changes. Congressional officials have started developing the new forms and guidance that will be used by lobbyists to comply with the law. The Federal Election Commission (FEC) has proposed new regulations to implement campaign contribution bundling disclosure requirements. From lobbyists to lawyers, nonprofits, and members of Congress themselves, all parties in Washington have begun preparing for these and other adjustments to their current practices.

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Short Colbert Campaign Stirs Election Law Debate

On Oct. 16, Comedy Central comedian Stephen Colbert used his nightly television show to announce that he was running for President of the United States and would file to get on both the Democratic and Republican primary ballots in his home state of South Carolina. The campaign was cut short on Nov. 1 when the South Carolina Democratic Party Executive Committee voted 13-3 to reject his application to get on the ballot. Colbert did not file to run as a Republican because of the party's $35,000 filing fee.

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