Safer Communities Through Closing Catch-and-Release?

Today Senators Chuck Grassley (R., IA), Jim Inhofe (R., OK), Jeff Sessions (R., AL), David Vitter (R., LA) and Ted Cruz (R., TX) introduced the Keep Our Communities Safe Act of 2014 (not to be confused with Rep. Lamar Smith's Keep Our Communities Safe Act of 2013). Their press release notes that the measure would "close the legal loophole created by the U.S. Supreme Court in Zadvydas v. Davis (2001) that requires immigration authorities to release back into the United States any immigrant that has not been accepted for deportation to other countries after being detained for six months; a practice commonly referred to as “catch and release.”

Safer communities is a common bill title theme in most congressional sessions, and this one is not different. Other bills with similar names are: S.649 - Safe Communities, Safe Schools Act of 2013, and the Gun Violence Prevention and Safe Communities Act of 2013.

HAWKS, TIGERS & HUD...Oh My!

Today the Obama Administration released their statement of opposition to Rep. Tom Latham's (R., IA) Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015. In particular, the White House notes that,

The Administration strongly opposes House passage of H.R. 4745, making appropriations for the Departments of Transportation, Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2015, and for other purposes. The bill fails to make needed investments in our Nation's infrastructure, provides insufficient support for critical housing programs for low-income Americans and the homeless, and includes objectionable language provisions.

Discussion of the bill is complete with  talk of TIGER (Transportation Investment Generating Economic Recovery) Grants, HAWK (Homeowners Armed With Knowledge) Demonstration Projects, and of course promotion of the Administration's latest GROW AMERICA proposal. 

Rep. Latham's bill has been reported out of committee and will soon be considered by the full House. 

GROW[ING] AMERICA's Bill Titles

Last month the Department of Transportation released the GROW AMERICA (Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America) Act, which along with the USA PATRIOT Act and the USA FREEDOM Act, is another needless and painstakingly long short bill title. 

To ascertain my take on such acronyms, see my recent article in the Stanford Law & Policy Review Online. 

Generally, the Department of Transportation notes that the bill aims to: 

• Address the shortfall in the Highway Trust Fund and provide $87 billion to address the nation’s backlog of deficient bridges and aging transit systems;
• Create millions of new jobs to ensure America’s future competitiveness;
• Increase safety across all modes of surface transportation, including increasing the civil penalties the National Highway Traffic Safety Administration (NHTSA) can levy against automakers who fail to act quickly on vehicle recalls;
• Provide certainty to state and local governments that must engage in long-term planning;
• Reduce project approval and permitting timelines while delivering better outcomes for communities and the environment;
• Bolster efficient and reliable freight networks to support trade and economic growth; and
• Create incentives to better align planning and investment decisions to comprehensively address regional economic needs while strengthening local decision-making.

More information can be found in these Dept. of Transportation GROW AMERICA fact sheets. 

Have You Been SAVE[D]?

Rep. Ann Wagner's SAVE (Stop Advertising Victims of Exploitation) Act of 2014 was passed earlier this week by the House (392-19), and now travels to the Senate for consideration. According to the official summary of the bill, it "[p]rohibits knowingly benefitting financially from, receiving anything of value from, or distributing advertising that offers a commercial sex act in a manner that violates federal criminal code prohibitions against sex trafficking of children or of any person by force, fraud, or coercion."

I honor of House passage, Rep. Wagner released a video statement regarding the legislation: 

Fighting Bath SALTS?

Hearings were recently held in the Senate for Sen. Amy Klobuchar's SALTS (Synthetic Abuse and Labeling of Toxic Substances Act) Act.  The measure aims to enhance the fight against synthetic drugs, including those known as "bath salts," on the federal level. 

A partial press release on Sen. Klobuchar's bill is located below the jump. 

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KLOBUCHAR BILL WOULD STRENGTHEN SYNTHETIC DRUG LAWS

Winona Daily News

July 19, 2013

U.S. Sen. Amy Klobuchar announced Thursday she is sponsoring legislation that would continue the fight against synthetic drugs at the federal level.

The bill, which already has bipartisan support, would make it easier to prosecute the sale and distribution of what are known as analogues, synthetic drugs that are close but not identical to those already banned. Manufacturers and sellers frequently market the products with the slogan “not fit for human consumption.”

The Drug Enforcement Agency has the ability to prosecute analogue drug distribution and sales, but not specifically those labeled as not fit for human consumption.

“When it comes to fighting the rise of synthetic drugs, it seems like every time one drug is made illegal another drug that is almost identical pops up, and law enforcement has to go through the entire process all over again,” Klobuchar said in a statement. “This bill will make it easier to crack down on new synthetic drugs by closing a loophole that allows drug dealers to flout the law.”

This bill would amend the federal Controlled Substances Act to require considering a number of factors when determining whether a controlled substance analogue was intended for human consumption. U.S. Sens. Lindsey Graham, R-South Carolina, and Diane Feinstein, D-California, are co-sponsoring the bill. ...

ENLIST Act Now in Amendment Form

Rep. Adam Smith (D., WA) has offered his ENLIST (Encourage New Legalized Immigrants to Start Training) Act as an amendment to the FY2015 National Defense Authorization Act. Essentially, the measure would allow immigrants unlawfully present in the US to gain citizenship through serving in the military. 

A press release on the amendment is provided below the jump. 

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May 08 2014

Smith Pushes ENLIST Act Amendment in Committee

Washington D.C. – House Armed Services Committee Ranking Member Adam Smith offered anamendment to the FY2015 National Defense Authorization Act designed to provide certain undocumented immigrants who serve in the military with permanent legal status. While the amendment was ruled out of order in committee on procedural ground, Smith pledged to continue to push the legislation.

“If an individual has been in the United States since a young age, and is committed enough to join the military, then they should be provided with the opportunity to become a permanent legal resident. It’s that simple,” said Ranking Member Adam Smith. “There is no better way for a young individual who feels a strong sense of connection to this country to become a citizen than to serve in the armed forces. My amendment will provide that opportunity and I will continue to work to attempt to overcome the procedural hurdles to this bill.”

The amendment, modeled after the ENLIST Act, would authorize the enlistment in the armed forces of undocumented immigrants who have been continuously present in the United States, were younger than 15 years of age when they initially entered the United States and are otherwise eligible for original enlistment in the armed forces.

An Open Book for Justice

The House Judiciary Committee has recently marked-up Rep. Cynthia Lummins's (R., WY) H.R. 2919, the Open Book on Equal Access to Justice Act.  Essentially the proposal amends the Equal Access to Justice Act, and would track the fees, administrative costs and other awards of those engaged in litigation with the United States (a feature of the original law that was eliminated by Congress in 1995). It would also require annual reports to Congress. 

A partial press release is noted below. 

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Lummis, Cohen Draft Bill to Track Equal Access to Justice Act Payments

Bipartisan legislation restarts agency tracking obligations; modernizes record-keeping with online database.

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Washington, Aug 1, 2013 | Christine D'Amico ((202) 225-2311) | 0 comments

U.S. Rep. Cynthia Lummis (R-WY) and Rep. Steve Cohen (D-TN) introduced legislation today, called the Open Book on Equal Access to Justice Act, to reinstate tracking and reporting requirements of payments made under the Equal Access to Justice Act (EAJA). ...
EAJA, initially passed in 1980, is funded by a permanent appropriation.  Payments of attorney’s fees and costs occur regardless of any annual spending decisions made by Congress.  To maintain its oversight responsibilities, Congress included a requirement that agencies and the Department of Justice issue annual reports on the amount of money paid out under the law.  Congress ended those tracking and reporting requirements in 1995.

The Open Book on Equal Access to Justice Act requires every federal agency to begin tracking EAJA payments again, and tasks the Administrative Conference of the United States (ACUS) with compiling that data.  ACUS is also required to submit an annual report to Congress, and to establish an online searchable database that will allow the public access to how much has been paid from EAJA, from which agencies, and to whom taxpayer dollars are being paid. ...

DATA Transparency for Federal Agencies

The Senate has unanimously passed Sen. Mark Warner's (D., VA) DATA (Digital Accountability and Transparency Act) of 2014, and the bill now travels to the House for consideration. The measure is landmark data transparency bill that would allow citizens to track money spent by federal agencies on usaspending.gov. 

A partial press release by Senator Warner is provided below the jump. 

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Senate Unanimously Passes Warner-Portman Transparency Legislation

~ Bipartisan DATA Act allows taxpayers to track every dollar spent by federal agencies ~ ~ ‘Most significant transparency legislation since Freedom of Information Act' ~

WASHINGTON – The U.S. Senate today passed Sen. Mark R. Warner (D-VA) and Sen. Rob Portman’s (R-OH) bipartisan Digital Accountability and Transparency Act (DATA). This landmark transparency legislation will allow taxpayers to track every dollar spent by federal agencies on a common website, and help lawmakers more easily identify fraud, waste and abuse to create a more efficient government. The DATA Act expands the Federal Funding Accountability and Transparency Act (FFATA) to standardize and fully disclose federal agency expenditures, and it incorporates steps to simplify financial reporting and improve the quality of spending data. Passage of a House version of the DATA Act is expected shortly after the upcoming two-week congressional recess. 

“Our taxpayers deserve to know how their federal funds are spent – dollar for dollar – and it is our obligation to share that information in a clear and direct way. Today, the Senate passed this important bipartisan legislation to make sure taxpayers get the transparency they are entitled to,” Sen. Mark Warner, chairman of the Senate Budget Committee’s Government Performance Task Force said. “The DATA Act will improve the way the federal government does business and it’s a true example of how Washington is supposed to work – across the aisle and on both sides of the Capitol.”

“During a time of record $17 trillion debt, our bipartisan bill will help identify and eliminate wasteful spending by better tracking federal spending. I am pleased that our bill to improve federal financial transparency and empower taxpayers to see how their money is spent has passed the Senate, and I urge swift passage in the House of Representatives,”  Sen. Portman said.

A coalition of more than 25 nonpartisan government accountability organizations have endorsed the DATA Act, and it is regarded by some as the most significant open-government legislation since the Freedom of Information Act in 1966. ...

SARA Who?

Rep. Rick Crawford (R, AR) has introduced the Sexual Assault Reporting on Aircraft (SARA) Act of 2014, which would require the attorney general to collect data every calendar year about sexual offenses that occur on aircraft. The cheeky catch with the title, however, is that the SARA portion doesn't appear to be in reference to anybody that has been assaulted on a plane, or have any connection to sexual assault in general (besides being a very common female name). It seems that Congressman Crawford humanized the title without having a story to back up the acronym motive, which is an innovative (but questionable) move in regard to statutory titles. 

Personalized titles are quite common in regard to legislation (e.g. Megan's Law, Laci and Connor's Law, the Adam Walsh Child Protection and Safety Act, etc.). Yet all of those laws are in relation to actual persons that, unfortunately, have a tragic story attached to them. To my knowledge, the SARA Act of 2014 does not have a personal story attached to it, and is attempting to mask itself as a humanized title in order to gain political traction. 

I've written about personalized and humanized titles in the Connecticut Law Review and also in Legisprudence. 

Google Gets Bipartisan Bill Title Nod

Senators Tom Coburn (R., OK) and Claire McCaskill (D., MO) have introduced the Let Me Google That For You Act, which would eliminate the  National Technical Information Service. The NTIS was established in 1950 and attempts to archive and sell governmental reports, most of which are available free from other agencies should one wish to make a bit of effort (see bill title). According to a GAO report, the agency may have outlived its usefulness, considering it has lost money  ten out of the past eleven fiscal years. 

A partial press release is provided below. 

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Bipartisan Group Introduces Bill to Stop the Government from Selling Reports Available Online for Free

(WASHINGTON, D.C.) – U.S. Senators Tom Coburn (R-OK) and Claire McCaskill (D-MO) and U.S. Representatives Jim Bridenstine (R-OK) and Henry Cuellar (D-TX) today introduced the Let Me Google That For You Act, a bill to eliminate an outdated agency that has lost more than $1 million trying to sell government reports that are available for free online. With a money-losing profit model only the government could design, the National Technical Information Service (NTIS) sells free government reports to other federal agencies and the public – at a loss.

“This is the ‘let me google that for you’ office of the federal government,” said Dr. Coburn.  “Nearly all of the reports being sold are already available for free on other government websites, including my own.  NTIS is selling at least six of the oversight reports issued by my office, such as the annual Wastebook which details outrageous Washington spending and mismanagement.  Ironically, the latest edition of Wastebook—which lists NTIS as one of the most wasteful government offices—is not available for sale yet by NTIS.  I have sent a letter to the Department of Commerce today requesting the office stop charging for the reports that I issue to taxpayers at no cost that highlight government waste, like the NTIS.”

“This agency has clearly outlived its usefulness,” said McCaskill, Chairman of the Senate Subcommittee on Financial & Contracting Oversight. “I find it staggering that the agency is selling government reports both to the public and to other federal agencies that are widely available for free and easy to find with a simple Google search—and the agency is still losing money. I think Americans would gain a little more confidence that their tax dollars are being spent wisely if we ended this display of waste and inefficiency. This is a government office performing a function that the advent of the Internet has made outdated, and it’s past time we eliminate it.” ...

Restoring Democracy...One Vote at a Time

Sen. Ben Cardin (D., MD) has introduced S. 2235, the Democracy Restoration Act, which seeks to enfranchise felons once they have served their time and have been released back into society. Sen. Cardin sponsored a similar bill in the 112th Congress, but it never got out of committee. 

A partial press release is provided below the jump. 

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Cardin Leads Reintroduction Of Bill To Create Nationwide Standard For Restoring Voting Rights For Americans Released From Prison

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Thursday, April 10, 2014

Washington, DC – U.S. Senator Ben Cardin (D-MD) has introduced a bill, S. 2235, theDemocracy Restoration Act that would reduce recidivism rates by restoring voting rights to individuals after they have served their time and have been released from incarceration. Studies indicate that former prisoners who have voting rights restored are less likely to reoffend, and that disenfranchisement hinders their rehabilitation and reintegration into their community. Original cosponsors of S. 2235 include Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.), and Senators Richard Durbin (D-Ill.), Sheldon Whitehouse (D-RI), Cory Booker (D-NJ), Tom Harkin (D-Iowa), and Bernie Sanders (I-Vt.). Companion legislation also was introduced today in the House of Representatives by Congressman John Conyers (D-Mich.), Ranking Member of the House Judiciary Committee.

An estimated 5.85 million citizens of the United States – about 1 in 40 adults in the United States – currently cannot vote as a result of a felony conviction. Of the estimated 5.85 million citizens barred from voting, only 25% are in prison. By contrast, 75% of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences.  Approximately 2.6 million citizens who have completed their sentences remain disenfranchised due to restrictive state laws.

“When prisoners are released, they are expected to obey the law, get a job, and pay taxes as they seek a fair shot at being rehabilitated and reintegrated into their community. Along with these responsibilities and obligations of citizenship should be the right to vote,” said Senator Ben Cardin. “The patchwork of state laws leads to an unfair disparity and unequal participation in Federal elections based solely on where an individual lives, in addition to the racial disparities inherent in our judicial system. Congress has a responsibility to remedy these problems and enact a nationwide standard for restoration of voting rights.”

In 35 States, convicted individuals may not vote while they are on parole. In 11 States, a conviction can result in lifetime disenfranchisement. Several States require prisoners to seek discretionary pardons from Governors, or action by the parole or pardon board, in order to regain their right to vote. Several States deny the right to vote to individuals convicted of certain misdemeanors. States are slowly moving or repeal or loosen many of these barriers to voting for ex-prisoners. ...