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WHAT'S NEW IN WASHINGTON

May 2008


ABA Comments on the Social Security Administration’s Disability Backlog

On May 1, 2008, the ABA submitted comments to the record of the April 23, 2008 House Ways and Means Committee hearing titled ‘Clearing the Disability Backlog- Giving the Social Security Administration the Resources It Needs to Provide the Benefits Workers Have Earned’.

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April 2008


ABA Supports Increased IRS Funding for FY 2009

On April 29, 2008, the ABA Section of Taxation sent letters to the House and Senate Appropriations Subcommittees on Financial Services and General Government expressing the Association's support for increased funding for the Internal Revenue Service in FY 2009.

Read the Senate letter

Read the House letter

ABA Supports S. 2767, a Bill to Provide for Judicial Discretion Regarding Suspensions of Student Eligibility under HEA

On April 24, 2008, the ABA sent a letter to the Senate Committee on Health and Education Labor, and Pensions and the House Committee on Education and Labor supporting S. 2767, a bill to provide for judicial discretion regarding suspensions of student eligibility under section 484(r) of the Higher Education Act of 1965.

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ABA Supports S.1843, the Fair Pay Restoration Act

On April 22, 2008 to the Senate supporting S.1843, the Fair Pay Restoration Act, legislation addressing the imbalance in civil rights jurisprudence brought on by the 2007 Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co., 127 S.Ct. 2162 (2007).

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ABA Comments on Proposed Revisions to the Code of Conduct for United States Judges

On April 18, 2008, the ABA sent comments to Honorable Gordon J. Quist, Chairman U.S. Judicial Conference of the United States Committee on Codes of Conduct regarding proposed revisions to the Code of Conduct for United States Judges.

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ABA Supports H.R. 1783, the Elder Justice Act

On April 17, 2008, the ABA submitted a written statement to the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security for the hearing record on H.R. 1783, supporting the Elder Justice Act

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ABA Supports Trade Promotion Authority in Columbia Trade Agreement

On April 10, 2008, the ABA sent a letter encouraging the House of Representatives to adhere to the Trade Promotion Authority-eligible status of the submitted implementing bill for the U.S.-Columbia Trade Promotion Agreement.

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ABA Testifies on Competency of Defense Counsel in Capital Cases

On April 8, 2008, Michael S. Greco, former ABA President, testified before the Senate Judiciary Subcommittee on the Constitution in regard to the competency of defense counsel in capital cases and how that impacts the administration of the death penalty.

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ABA Supports S. 2533, the State Secrets Protection Act

On April 2, 2008, the ABA sent a letter to members of the Senate Judiciary Committee expressing strong support for S. 2533, the State Secrets Protection Act.

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ABA Supports Establishing National Health Care Decisions Day

On April 2, 2008, the ABA sent a letter to Senator Ron Wyden (D-OR), commending him for introducing S.J.Res. 29, a joint resolution establishing National Health Care Decisions Day.

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ABA Supports Increased Juvenile Justice Funding in FY 2009

On April 2, 2008, the ABA sent a letter to both the House and Senate Appropriations Subcommittees on Commerce, Justice, Science, and Related Agencies encouraging them to increase the FY 2009 juvenile justice funding levels.

Read the Senate letter

Read the House letter

March 2008


ABA Supports S. 2450, Legislation to Adopt Proposed Federal Rule of Evidence 502

On March 21, 2008, the ABA Governmental Affairs Office and the ABA Section of Litigation sent two separate letters to all members of the House Judiciary Committee endorsing S. 2450, legislation to adopt proposed Federal Rule of Evidence 502 dealing with the attorney-client privilege and the work product doctrine, and urging them to support prompt House passage of the measure as soon as possible without amendment.

Read the GAO letter

Read the Section of Litigation letter

ABA President Nuekom Respond to President Musharraf

On March 20, 2008, ABA President William Nuekom sent a letter to the President Prevez Musharraf of Pakistan in response to the invitation by President Musharraf for the ABA to reconsider its views on the rule of law in Pakistan. In the response, ABA President Nuekom urged President Musharraf to restore the Constitution as it stood before the November 3 state of emergency, to reinstate all judges dismissed during the state of emergency, and to release all judges and lawyers detained in connection with the state of emergency.

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ABA Supports H.R. 1424, the Paul Wellstone Mental Health and Addiction Equity Act of 2007

On March 5, 2008, the ABA sent a letter House in support of H.R. 1424, the Paul Wellstone Mental Health and Addiction Equity Act of 2007.

Read the letter

February 2008


ABA Comments on a Revision of an AECA Regulation

On February 27, 2008, ABA President William H. Neukom sent a letter to the State Department commenting on the recently revised requirement in the AECA that certain persons involved in brokering defense trade transactions register with the State Department.

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ABA Leader Urges Fair Trial Procedures for Guantanamo Detainees

On February 27, 2008, ABA President William H. Neukom sent a letter to President George W. Bush expressing concern that the military commission system at Guantanamo does not adhere to established principles of due process and offering to "engage the most able legal minds to ensure that these cases comport with the rule of law, so precious to our democracy."

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ABA Supports Uniform Interrogation Standards

On February 13, 2008, the ABA sent a letter to all members of the Senate - as it was preparing to consider the conference report for H.R. 2082, the FY 2008 Intelligence Authorization legislation - to voice its support for the inclusion of language that would establish uniform interrogation standards for detainees in U.S. custody.

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ABA Comments on the State Secrets Privilege and Voices its Support for the State Secrets Protection Act, S. 2533

On February 13, 2008, the ABA submitted a written statement to the Senate Judiciary Committee for the hearing on "Examining the State Secrets Privilege: Protecting National Security While Preserving Accountability."

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ABA Supports S. 1711, The Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007

On February 12, 2008, the ABA sent a letter to all members of the Senate urging them to support S. 1711, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007. S. 1711 is the Senate counterpart to H.R. 4545 and would end the disparate treatment of crack versus cocaine offenses.

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ABA Supports H.R. 4545, The Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007

On February 12, 2008, the ABA sent a letter to all members of the House of Representatives urging them to support H.R. 4545, The Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007. H.R. 4545 is the House counterpart to S.1711 and would end the disparate treatment of crack versus cocaine offenses.

Read the letter

ABA Testifies on Federal Cocaine Sentencing Laws

On February 12, 2008, James Felman testified on behalf of the ABA before the Senate Judiciary Subcommittee on Crime and Drugs in the hearing on 'Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity.'

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ABA Supports S. 2523, the National Affordable Housing Trust Fund Act of 2007

On February 7, 2008, the ABA sent a letter to Senator John Kerry commending his recent introduction of S. 2523, the National Affordable Housing Trust Fund Act of 2007.

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ABA Supports the Passage of S.A. 3910, an Amendment Reiterating FISA Exclusivity

On February 4, 2008, the ABA sent a letter to all members of the Senate urging passage of the Feinstein Amendment, S.A. 3910, to reiterate FISA exclusivity.

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January 2008


ABA Urges Swift Approval of S. 1638, the Federal Judicial Salary Restoration Act of 2007

On January 30, 2008, the ABA sent a letter to the Senate Judiciary Committee urging support for S. 1638, the Federal Judicial Salary Restoration Act of 2007.

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ABA Comments on the Need to Address Older Voters

On January 31, 2008, the ABA submitted a written statement to the Senate Special Committee on Aging commenting on the need to address opportunities and challenges specific to older voters.

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ABA Comments on the Oversight of the Americans with Disabilities Act of 1990

On January 29, 2008, the ABA sent a letter to the House Committee on Education and Labor regarding the oversight of the Americans with Disabilities Act of 1990.

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ABA Testifies on Reform of the State Secrets Privilege

On January 29, 2008, President-elect H. Thomas Wells testified before the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties for the "Oversight Hearing on Reform of the State Secrets Privilege."

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ABA Supports H.R. 840, a Bill to Amend the McKinney-Vento Homelessness Assistance Act

On January 25, 2008, the ABA sent a letter to the House Financial Services Subcommittee on Housing and Community Opportunity urging support for H.R. 840, a bill to amend the McKinney-Vento Homelessness Assistance Act.

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ABA Washington Letter Annual Legislative Chart Now Online

ABA Washington Letter Annual Legislative Chart Now Online The January 2008 edition of the ABA Washington Letter is the annual "Major Legislation of Interest to Lawyers," a chart highlighting action on ABA legislative policy issues during the First Session of the 110th Congress. The 32-page chart contains more than 100 issues, details the status of legislation and the ABA policy positions, designates the association's legislative priorities, and notes whether the association submitted policy statements in the form of policy letters or testimony.

View the Annual Legislative Chart

ABA Comments on the Fair Pay Restoration Act

On January 24, 2008, the ABA submitted a written statement to the Senate Committee on the Health, Education, Labor, and Pensions for the hearing on "The Fair Pay Restoration Act: Ensuring Reasonable Rules in Pay Discrimination Cases."

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ABA Supports the Passage of S.1200, the Indian Health Care Improvement Act Amendments of 2007

On January 24, 2008, the ABA sent a letter to the Senate urging support of S.1200, the Indian Health Care Improvement Act Amendments of 2007.

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ABA Supports the Youth PROMISE Act

On January 15, 2008, the ABA sent a letter to the U.S. House of Representatives urging members to support and cosponsor H.R. 3846, the Youth PROMISE Act, to reduce youth violence.

Read the letter

December 2007


ABA Comments on Proposed Social Security Administration Rulemaking Amendments

On December 27, 2007, the ABA sent a letter to the SSA which identified concerns with the proposed rulemaking amendments to the Administrative Law Judge, Appeals Council, and Decision Review Board of Appeals levels.

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ABA Testifies on H.R. 40, a Bill to Create a Commission to Study Those Effects of Slavery Evident Into The Present Day

On December 18, 2007, President-elect H. Thomas Wells testified on behalf of the ABA before the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties on the utility of a commission to study the social, economic and political effects of past enslavement and state supported discrimination upon African-Americans within the United States.

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ABA Supports Legislation to Adopt Proposed Federal Rule of Evidence 502

On December 7, 2007, the ABA sent a letter the Senate Committee on the Judiciary expressing strong support for legislation to adopt proposed Federal Rule of Evidence 502.

Read the letter

November 2007


ABA Supports amending Section 363(f) of the Federal Bankruptcy Code

On November 15, 2007, the ABA sent a letter to the House and Senate Judiciary Committees supporting amending Section 363(f) of the Federal Bankruptcy Code regarding certain sales of real property.

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ABA Supports the Passage of the American Anti-Torture Act

On November 14, 2007, the ABA sent a letter the House of Representatives supporting the inclusion of language in H.R. 4156, the FY 2008 War Supplemental Appropriations Act, to establish uniform interrogation standards for detainees in U.S. custody.

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ABA Supports Immediate Pay Increase for Federal Judges

On November 14, 2007, the ABA sent a letter Senate Committee on the Judiciary urging support for S. 1638, bipartisan legislation that will provide an immediate pay increase for federal judges.

Read the letter

ABA Testifies on Retroactive Application of USSC Amendment 9

On November 13, 2007, Barry Boss testified on behalf of the ABA urging the United States Sentencing Commission to give retroactive effect to its amendment changing federal sentence guidelines for crack cocaine offenses.

Read the statement

ABA Supports Retroactive Application of USSC Amendment 9

On November 12, 2007, ABA sent a letter to the United States Sentencing Commission supporting retroactive application of USSC Amendment 9 pertaining to the sentencing of offenses involving crack cocaine.

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ABA Supports the Second Chance Act of 2007

On November 9, 2007, ABA sent a letter to the U.S. House of Representatives supporting the passage of H.R. 1593, The Second Chance Act of 2007.

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ABA Supports the Attorney-Client Privilege Protection Act of 2007

On November 8, 2007, ABA sent a letter to Congress supporting the passage of the Attorney-Client Privilege Protection Act of 2007, HR 3013.

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ABA Testifies on the Prison Litigation Reform Act

On November 8, 2007, Margo Schlanger testified on behalf of the ABA urging immediate ammendment of the Prison Litigation Reform Act.

Read the statement

ABA Expresses Concern at the Indefinite State of Emergency Declared in Pakistan

On November 6, 2007, ABA President William Nuekom sent at letter to the President Prevez Musharraf of Pakistan expressing grave concern at the indefinite state of emergency declared in Pakistan on November 3, particularly as it relates to the suspension of the constitution, dismissal of Chief Justice Iftikhar Muhammad Chaudhry, and detention of lawyers and human rights advocates.

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ABA Supports the Passage of Employment Non-Discrimination Act of 2007

November 6, 2007, ABA sent a letter to Congress supporting the passage Employment Non-Discrimination Act of 2007, HR 3685.

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ABA Supports an Immediate Pay Increase for Federal Judges

November 2, 2007, ABA sent a letter to Senator Patrick J. Leahy, Chair of Senate Committee on the Judiciary, urging the support for S. 1638, bipartisan legislation that will provide an immediate pay increase for federal judges.

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ABA Supports an Immediate Pay Increase for Federal Judges

November 1, 2007, ABA sent a letter to Representative John Conyers, Jr., Chair of House Committee on the Judiciary, urging the support for H.R. 3753, bipartisan legislation that will provide an immediate pay increase for federal judges.

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ABA Testifies on Children's Ombudsman Program in Pennsylvania

On November 1, 2007, Anne Marie Lancour testified on behalf of the ABA supporting PA HB 1709, to create a Children's Ombudsman Program in Pennsylvania.

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October 2007


ABA Supports S. 1711 to Eliminate the Crack-Cocaine Sentencing Disparity

On October 30, 2007, ABA President William H. Neukom sent a letter to Senator Biden supporting legislation (S. 1711) he recently sponsored to eliminate the current disparity in federal sentences for crack versus powder cocaine offenses.

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ABA Supports Limited Public Access to Plea Agreements

On October 25, 2007, the ABA submitted a letter to the Administrative Office of US Courts urging them to continue to allow public access to plea agreements with certain limitations to protect against illegal misuse of the documents.

Read the comments

ABA Testifies on the Current Issues with Library Management at the Library of Congress

On October 24, 2007, Tedson J. Meyers testified on behalf of the ABA before the House Committee on House Administration on the subject of "The Library of Congress: Current Issues with Library Management."

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The ABA Supports H.R. 505, the Native Hawaiian Government Reorganization Act of 2007

On October 23, 2007, The ABA sent a letter to the Members of House of Representatives urging them to support for the Native Hawaiian Government Reorganization Act.

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ABA Supports the Development, Relief and Education for Alien Minors Act of 2007 (DREAM Act)

On October 23, 2007, the ABA sent a letter to members of the Senate urging them to vote in favor of cloture for and final passage of S. 2205, the DREAM Act.

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ABA Supports the Juvenile Crime Reduction Act of 2007

On October 17, 2007, ABA sent a letter to Representative Patrick Kennedy commending his introduction of the Juvenile Crime Reduction Act of 2007 addressing problems due to the prevalence of young people with mental health disorders that come into contact with the juvenile justice system.

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ABA Supports the Retention of the Gender Identity and Gender Expression Protections Contained in the H.R. 2015, Employment Non Discrimination Act Of 2007

On October 16, 2007, The ABA sent a letter to the House Committee on Education and Labor in support of retaining the gender identity and gender expression protections contained in the H.R. 2015, Employment Non Discrimination Act of 2007.

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ABA Opposes the Thune Amendment to the Commerce, Justice, Science Appropriations Bill

On October 16, 2007, the ABA sent a letter to the Senate opposing the Thune Amendment to the Commerce, Justice, Science appropriations bill. The amendment that would significantly reduce the amount of FY 2008 funding for the Legal Services Corporation.

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ABA Supports the Reauthorization of the Terrorism Risk Insurance Act

On October 16, 2007, ABA sent a letter to the Senate Committee on Banking, Housing and Urban Affairs supporting the reauthorization of the Terrorism Risk Insurance Act for a term of years that is as long as possible so as to stabilize the price of terrorism insurance by reducing the amount of risk borne by insurers.

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ABA Comments on Draft Rules Governing Judicial Conduct and Disability Proceedings

On October 15, 2007, ABA sent comments to the Judicial Conference of the United States Committee on Judicial Conduct and Disability regarding draft rules governing judicial conduct and disability proceedings undertaken pursuant to 28 U.S.C. §§ 351-364.

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ABA Supports Appropriate Safeguards to Ensure that Amendments to FISA are Constitutionally Sound

On October 12, 2007, ABA sent a letter to the Senate Select Committee on Intelligence urging it to establish an effective and constitutionally sound legal framework to meet surveillance needs and ensure that national security objectives are being accomplished.

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ABA Supports the Elimination of the Cocaine Sentencing Disparity

On October 3, 2007, ABA sent a letter to the Senate and House Judiciary Committee supporting the United States Sentencing Commission (USSC) latest recommendations and to urge the Committees to enact legislation that implement the recommendations, including elimination of the federal sentencing disparity between crack and powder offenses.

Read the letter

September 2007


ABA Supports U.S. Accession to Convention on the Law of the Sea

On September 27, 2007 ABA President William H. Neukom submitted a written statement to the Senate Committee Foreign Relations in support of the United States becoming a party to the UN Convention on the Law of the Sea. The Law of the Sea Convention establishes a universal legal framework for the use of the world's oceans and joining the treaty will help protect and enhance U.S. economic, environmental and national security interests.

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ABA Supports the Reauthorization and the Funding of Administrative Conference of the United States

On September 19, 2007, the ABA sent a written statement to House Judiciary Subcommittee on Commercial and Administrative Law regarding the hearing titled "H.R. 3564, the Regulatory Improvement Act of 2007.”

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ABA Supports in Principle S. 1267, the Free Flow of Information Act of 2007

On September 19, 2007, the ABA sent a letter to Senator Leahy, Chair of the Senate Judiciary Committee to address the need for a federal reporters’ shield law and to express support in principle for S. 1267, the Free Flow of Information Act of 2007.

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ABA Supports H.R. 2761, Reauthorization of the Terrorism Risk Insurance Act

On September 18, 2007, the ABA sent a letter to the House in support of H.R. 2761, legislation that would reauthorize, for fifteen years, the Terrorism Risk Insurance Act.

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ABA Supports S.A. 2022, the Specter-Leahy Amendment Restoring Habeas

On September 18, 2007, the ABA sent a letter to Senate in support S.A. 2022, the Specter-Leahy Amendment, to restore habeas corpus for "enemy combatants" in U.S. custody.

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ABA Comments on "Alternative Sentencing and Offender Reentry"

On September 18, 2007, Margaret Colgate Love testified on behalf of the ABA before the Joint Committee on the Judiciary of the Massachusetts General Court on the subject of "Alternative Sentencing and Offender Reentry."

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ABA Supports S. 1257, the District of Columbia House Voting Rights Act of 2007

On September 17, 2007, the ABA sent a letter to Senate in support of S. 1257, the District of Columbia House Voting Rights Act of 2007, would establish the District of Columbia as a Congressional district for purposes of representation in the House of Representatives.

Read the letter

August 2007


ABA Comments on OJP Programs Docket 1464, Relating to Defense Counsels in Death Penalty Cases

On August 25, 2007, the ABA sent a letter to the Office of Justice Programs commenting on OJP docket 1464, expressing concern regarding the availability and quality of defense counsels in death penalty cases.

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ABA Suggests research topic for USSC's 2008 Priorities

On August 22, 2007, the ABA proposed that the effectiveness of alternatives to incarceration in the prevention of recidivism be a research topic included in the USSC's 2008 Priorities.

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ABA Strongly Supports the Reauthorized Administrative Conference of the United States for Fiscal Year 2008

On August 1, 2007, the ABA sent a letter to the House and Senate Committee on Appropriations expressing its strong support for funding the Administrative Conference of the United States for Fiscal Year 2008

Read the letter

July 2007


ABA Comments on the Status of Pay and Benefits for Non-Article III Judges

On July 30, 2007, the ABA submitted a written statement to the House Government Reform Subcommittee on Federal Workforce, Postal Service, and District Of Columbia on the subject of "Oversight Hearing on Federal Employee Pay."

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ABA Supports H.R. 2826, Restoring Habeas Corpus Jurisdiction to the Federal Courts

On July 25, 2007 the ABA sent a letter to Committee on Armed Services Chairman Ike Skelton in support of H.R. 2826. In addition to restoring habeas corpus jurisdiction to the federal courts, this bill would also fix provisions in the Military Commissions Act.

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ABA Supports S. 1257, the District of Columbia House Voting Rights Act of 2007

On July 24, 2007, the ABA sent a letter to all the members of the Senate in support of S. 1257, the District of Columbia House Voting Rights Act of 2007. S. 1257 would establish the District of Columbia as a congressional district for purposes of representation in the House of Representatives.

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ABA Supports S. 1060, the Second Chance Act of 2007

On July 23, 2007, the ABA sent a letter to the Senate in support of S. 1060, the Second Chance Act of 2007. The enactment of S. 1060 will help former prisoners successfully reenter our communities and thereby reduce recidivism.

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ABA Opposes Mandatory Minimum Sentencing Laws

On July 3, 2007, the ABA sent a letter to the Judiciary Subcommittee on Crime, Terrorism, and Homeland Security opposing mandatory minimum sentencing laws and urging Congress to repeal them.

Read the letter

June 2007


ABA Supports Amendment of the Federal Definition of Homelessness

On June 25, 2007, the ABA sent a letter to the House Financial Services Subcommittee on Housing and Community Opportunity urging the amendment of the federal definition of homelessness to include those sharing the housing of others, or living in a motel, hotel, camping ground or emergency or transitional shelter.

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ABA Urges Senate Subcommittee to Increase Legal Services Corporation Funding

On June 22, 2007, the ABA wrote the leaders of a House Appropriations Subcommittee to request a significant funding increase for the Legal Services Corporation, noting that more than 50 Senators recently signed a bipartisan letter supporting increased funding.

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ABA Supports H.R. 2102, the Free Flow of Information Act of 2007

On June 13, 2007, ABA sent a letter to the Honorable John Conyers, Chair of the House Judiciary Committee, supporting in principle H.R. 2102, the Free Flow of Information Act of 2007.

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ABA Supports Several Provisions of the Higher Education Act

On June 7, 2007, the ABA sent a letter to the Senate Committee on Health, Education, Labor and Pensions in support of several provisions of the Higher Education Act. These provisions include: loan repayment assistance for long-term public servants, access to financial aid despite past drug offenses and reauthorization of the Thurgood Marshal Legal Education Opportunity Program.

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ABA Urges House Subcommittee to Increase Legal Services Corporation Funding

On June 7, 2007, the ABA wrote the leaders of a House Appropriations Subcommittee to request a significant funding increase for the Legal Services Corporation, noting that more than 160 House Members recently signed a bipartisan letter supporting increased funding.

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ABA Supports S. 185, the Habeas Corpus Restoration Act

On June 6, 2007, the ABA sent a letter to the Senate Judiciary Committee in support of S. 185, the "Habeas Corpus Restoration Act" and urging Congress to act now to ensure a fair process and to restore our international credibility.

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ABA Urges Appropriations Subcommittee to Allow DC to Support Needle Exchange as a HIV Prevention Measure

On June 5, 2007, the ABA sent a letter to the House Appropriations Subcommittee urging that the Congressional restriction preventing the funds of the District of Columbia to be used to address HIV/AIDS epidemic through needle exchange programs be removed.

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ABA Supports S. 186, the "Attorney-Client Privilege Protection Act of 2007"

On June 4, 2007, the ABA sent a letter to the Senate Judiciary Committee urging them to support S. 186, the "Attorney-Client Privilege Protection Act of 2007." S. 186 would overturn Department of Justice and other federal agency policies that erode the attorney-client privilege, the work product doctrine, and employees' constitutional and other legal rights in connection with government investigations of companies and other organizations.

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May 2007


ABA Supports S. 515, the National Domestic Violence Volunteer Attorney Network Act

On May 25, 2007, the ABA sent a letter to Senators Joseph Biden and Arlen Specter expressing its appreciation for introduction of S.1515, the "National Domestic Violence Volunteer Attorney Network Act"; and the ABA urges Congress to enact this important legislation.

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ABA Opposes Broad Federal Product Liability Legislation and Legislation Limiting Seller Liability

On May 24, 2007, the ABA sent a written statement to the House Committee on Small Business in opposition to broad federal seller liability legislation as well as legislation limiting seller liability.

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ABA Urges Comprehensive Immigration Reform Legislation that will Provide Essential Changes to the U.S. Immigration System

On May 15, 2007, the ABA sent a letter to the United States Senate urging the passage of a comprehensive bill that includes a fair and practical program to address our nation’s need for immigrant labor as well as the undocumented population currently living and working in the United States, ensures family unity, promotes national security, and provides crucial due process safeguards for immigrants and asylum seekers.

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ABA Supports H.R. 555, The Family Telephone Connection Protection Act

On May 9, 2007, the ABA sent a letter to Representative Bobby Rush commending his introduction of H.R. 555, The Family Telephone Connection Protection Act. H.R. 555 would amend the Communications Act of 1934 to require the Federal Communications Commission to prescribe rules regulating inmate telephone service rates.

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ABA Urges the Exclusion of the Tiarhrt Amendments from the FY 2008 DOJ Appropriations Bill

On May 7, 2007, the ABA sent a letter to the House and Senate Appropriations Subcommittees on Commerce, Justice, Science, and Related Agencies urging the exclusion of the Tiarhrt Amendments from the FY 2008 Department of Justice Appropriations bill. The Tiarhrt Amendment hamstrings the ability of federal, state and local law enforcement to investigate many types of gun crimes.

Read House the letter

Read Senate the letter

ABA Makes Recommendations to the Federal Highway Administration on their Model PPP Legislation

On May 2, 2007, the ABA sent a letter to the Secretary of Transportation, Federal Highways Administrator, Assistant Secretary for Transportation Policy (Office of the Secretary), and the Program Manager for Public-Private Partnerships (FHWA) making recommendations on the Model PPP Legislation posted on the Federal Highway Administration for review and comment.

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ABA Seeks Repeal of Harmful New Bankruptcy Abuse Prevention and Consumer Protection Act

On May 1, 2007, the ABA sent a letter to the House Judiciary Subcommittee on Commercial and Administrative Law urging the Subcommittee to support legislation to repeal the three harmful provisions in BAPCPA that dramatically increase the liability and administrative burdens of bankruptcy attorneys while denying effective legal representation to many Americans.

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ABA Opposes Excessive Inmate Phone Service Rates

On May 1, 2007, the ABA sent a letter to the Federal Communications Commission opposing excessive inmate phone service rates, which inhibit communication between prisoners and the outside world, including legal counsel and family members.

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April 2007


ABA Opposes Proposed Interim Regulations that would Apply SORNA Retroactively to Juvenile Offenders

On April 30, 2007, the ABA sent a letter to the Office of Legal Policy in opposition of interim regulations to the Adam Walsh Child Protection Act of 2006. These regulations would retroactively apply Sex Offender Registration and Notification Act (SORNA) standards to juvenile offenders.

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ABA Supports the Alleviation of the Wide Disparity between Cocaine Powder and Crack Sentencing Guidelines

On April 24, 2007, the ABA sent a letter to the U.S. Sentencing Commission urging action to alleviate the glaring disparity between the cocaine powder and crack sentencing guidelines.

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ABA Supports Permanent or Long-Term Reauthorization of Terrorism Risk Insurance Act

On April 24, 2007, the ABA submitted a written statement to the House Financial Services Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises in support of the permanent or long-term reauthorization of the Terrorism Risk Insurance Act. TRIA was created to help stabilize the commercial property and casualty insurance markets and ensure the continued availability of terrorism insurance for U.S. businesses.

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ABA Supports the John R. Justice Prosecutor and Defender Incentive Act of 2007

On April 24, 2007, the ABA sent a letter to the House Committee on the Judiciary in support of the John R. Justice Prosecutor and Defender Incentive Act of 2007. The bill would provide law student loan repayment assistance to state and local prosecutors and federal, state and local public defenders.

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ABA Urges Congress to Enact Judicial Pay Raise

On April 19, 2007, ABA submitted a written statement to the House Judiciary Subcommittee on the Courts, the Internet and Intellectual Property urging Congress to enact legislation to provide for an immediate and substantial pay raise for the federal judiciary.

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ABA Supports H.R. 1905, the District of Columbia House Voting Rights Act of 2007

On April 18, 2007, the ABA sent a letter to the U.S. House of Representative in support of H.R. 1905, the District of Columbia House Voting Rights Act of 2007. H.R. 1905 would establish the District of Columbia as a congressional district for purposes of representation in the House of Representatives.

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ABA Supports Security Through Regularized Immigration and a Vibrant Economy Act of 2007 (STRIVE Act)

On April 17, 2007, the ABA sent a letter to Representative Luis Gutierrez expressing its views on selected provisions of H.R. 1645, the STRIVE Act. This legislation includes a fair and practical program to address the nation’s need for immigrant labor as well as the undocumented population currently living and working in the United States.

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ABA Addresses the Subject of Domestic Violence and the Workplace

On April 17, 2007, the ABA submitted a written statement to the Senate Health, Education, Labor and Pension Subcommittee on Employment Workplace Safely to address the important issue of the impact of domestic violence on America’s workplaces.

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ABA Expresses Concerns Regarding the Military Commissions Act and Detention of Individuals at Guantanamo Bay, Cuba

On April 4, 2007, the ABA sent letters to the Chairs and Ranking Members of the House and Senate Armed Services Committees and shared some of its concerns regarding the Military Commissions Act (MCA) and the detention of individuals at Guantanamo Bay, Cuba.

Read the House letter

Read the Senate letter

March 2007


ABA Supports Restored Funding for Critical Grant Programs Serving At-Risk Youth

On March 27, 2007, the ABA sent a letter to the House and Senate Appropriations Subcommittees on Commerce, Justice, Science and Related Agencies urging a restoration of funding in FY2008 for three critical grant programs that provide services for at-risk youth: the State Formula Grants, the Title V Local Delinquency Prevention Grants, and the Juvenile Accountability Block Grants.

Read the House letter

Read the Senate letter

ABA Supports H.R. 1433, the District of Columbia House Voting Rights Act of 2007

On March 21, 2007, the ABA sent a letter to all the members of the House of Representatives in support of H.R. 1433, the District of Columbia House Voting Rights Act of 2007. H.R. 1433 would establish the District of Columbia as a congressional district for purposes of representation in the House of Representatives.

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ABA Urges the U.S. Sentencing Commission to Provide Guidance to Courts Regarding Sentence Reduction Motions for "Extraordinary and Compelling Reasons"

On March 20, 2007, the ABA testified before the United States Sentencing Commission regarding the USSC’s obligation to give policy guidance to courts considering sentence reduction motions for "extraordinary and compelling reasons" under 18 U.S.C. § 3582(c.)(1)A)(i), and the ABA’s resulting concerns about USSG § 1B1.13 (Reduction in Term of Imprisonment as a Result of Motion by Director of Bureau of Prisons).

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ABA Supports Meaningful Access to Legal Information and Legal Representation for Detained Immigrants

On March 15, 2007, the ABA testified before the House Homeland Security Subcommittee on Border, Maritime and Global Counterterrorism about the need for accountability to ensure that immigration detainees have consistent, fair access to counsel and the legal system and outlined a number of steps that should be taken to address these concerns.

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ABA Supports H.R. 1593, the Second Chance Act of 2007

On March 12, 2007, the ABA sent a letter to the House of Representatives in support of H.R. 1593, the Second Chance Act of 2007. The enactment of H.R. 1593 will help former prisoners successfully reenter our communities and thereby reduce recidivism.

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ABA Opposes Erosion of the Attorney-Client Privilege and Other Legal Protections

On March 8, 2007, the ABA testified before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security on the subject of "The McNulty Memorandum's Effect on the Right to Counsel in Corporate Investigations" and urged the Subcommittee to help preserve companies' attorney-client privilege, work product, and employee legal protections by supporting legislation that would reverse Justice Department policies that erode these fundamental rights.

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ABA Supports the John R. Justice Prosecutor and Defender Incentive Act of 2007

On March 5, 2007, the ABA sent a letter to the members of the Senate Committee on the Judiciary in support of the John R. Justice Prosecutor and Defender Incentive Act of 2007. The bill would provide law student loan repayment assistance to state and local prosecutors and federal, state and local public defenders.

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February 2007


ABA Urges Judicial Conference to Amend Proposed Federal Rule of Evidence 502 Regarding Waiver of Attorney-Client Privilege

On February 15, 2007, the ABA submitted two separate comment letters to the Judicial Conference's Rules Committee recommending changes to proposed Federal Rule of Evidence 502 regarding waiver of attorney-client privilege and work product protections. The first letter, signed by Bill Ide, Chair of the ABA Task Force on Attorney-Client Privilege, addressed the issue of implied waiver and urged the Committee to add new language to FRE 502 that would allow companies to provide factual summaries of their internal investigations to the government without waiving the privilege as to underlying documents. The second letter, signed by ABA Litigation Section Chair Kim Askew, recommended changes to proposed FRE 502(b) regarding inadvertent disclosure of privileged materials.

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Read disclosure letter

ABA Supports the Reauthorization of the Indian Health Care Improvement Act

On February 8, 2007, the ABA sent letters urging the swift reauthorization of The Indian Health Care Improvement Act to the Congressional leaders and to the chairman and the ranking member of the Senate Committee on: Budget; Finance; Health, Education, Labor, and Pensions; Indian Affairs and the House Committee on: Energy and Commerce; Natural Resources and Ways and Means, .

Read the letter to Congressional Leadership

Read the letter to the Senate Committee on Budget

Read the letter Senate Committee on Finance

Read the letter Senate Committee on Health, Education, Labor, and Pensions

Read the letter Senate Committee on Indian Affairs

Read the letter House Committee on Energy and Commerce

Read letter House Committee on Natural Resources

Read letter House Committee on Ways and Means

ABA Supports Provisions of the Talent-Nelson Amendment to P.L. 109-364 Regarding Predatory Lending Practices

On February 8, 2007, the ABA sent a letter to the Federal Docket Management System Office of the Department of Defense in support of provisions of the Talent-Nelson Amendment of P.L. 109-364 that seek to protect the most vulnerable of our armed forces from abusive financial products.

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ABA Urges SEC to Help Preserve Companies' Attorney-Client Privilege and Other Legal Protections

On February 5, 2007, ABA President Karen Mathis wrote to the Chairman of the Securities and Exchange Commission and urged him to help preserve companies' attorney-client privilege, work product, and employee legal protections by modifying the Commission's cooperation standards as contained in the 2001 "Seaboard Report." President Mathis also provided the Chairman with specific proposed revisions to the SEC's policy that were crafted by the ABA Task Force on Attorney-Client Privilege.

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ABA Urges Meaningful Implementation of ICE National Detainee Transfer Standard

On February 1, 2007, the ABA urged the Department of Homeland Security to carefully and thoroughly consider the impact on detainees' access to counsel when making decisions whether to transfer immigration detainees between detention facilities, as required by the ICE National Detention Standards. The ABA opposes the involuntary transfer of detained immigrants and asylum seekers when the transfer impedes an existing attorney-client relationship and makes it difficult to obtain new representation.

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January 2007


ABA Supports Codifying Immigration Detention Standards into Regulations

On January, 31, 2007, ABA President Karen Mathis wrote to the Secretary of the Department of Homeland Security in support of a Petition for Rule-Making to Promulgate Regulations Governing Detention Standards for Immigration Detainees. In particular, the ABA supports promulgating the four legal access standards into regulations.

Read the letter

ABA Supports Continued Funding for the Thurgood Marshall Legal Educational Opportunity Program

On January 25, 2007, the ABA sent letters to U.S. House and Senate Appropriations Committee chair and ranking member in support of continued funding for the Thurgood Marshall Legal Educational Opportunity Program ("Marshall Program") through the remainder of FY2007.

Read the House letter

Read the Senate letter

ABA Supports Legislation that Provides for Derivative Temporary Protected Status (TPS) for Children whose Parents are Granted TPS

On January 22, 2007, the ABA urged the lead drafters of comprehensive immigration reform legislation - Senator Edward Kennedy, Senator John McCain, Senator Harry Reid, Representative Jeff Flake, Representative Luis Gutierrez, and Representative Zoe Lofgren - to support including provisions in the legislation to provide for derivative Temporary Protected Status (TPS) for children whose parents are granted TPS. TPS provides temporary refuge to those already in the U.S. who cannot safely return home due to ongoing armed conflict, natural disasters, or other extraordinary circumstances.

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ABA Urges Congressional Oversight of Presidential Signing Statements

On January 17, 2007, ABA President Karen Mathis wrote the leadership of the Congress urging them to hold hearings and enact clear legislation addressing the use of presidential signing statements. In the letter, the ABA highlighted the work of the Task Force on Presidential Signing Statements and the Separation of Powers Doctrine.

Read the letter

ABA Washington Letter Annual Legislative Chart Now Online

The January 2007 edition of the ABA Washington Letter is the annual "Major Legislation of Interest to Lawyers," a chart highlighting action during the 109th Congress on ABA legislative policy issues. The 37-page chart contains more than 125 issues, details the status of legislation and the ABA policy positions, designates the association's legislative priorities, and notes whether the association submitted policy statements in the form of policy letters or testimony.

View the Annual Legislative Chart

ABA Supports Stem Cell Research

On January 10, 2007, the ABA sent a letter to all Members of the U.S. House of Representatives in support of H.R. 3, legislation to provide federal support for research that utilizes human embryonic stem cells under strict scientific and ethical standards. The legislation ensures that only embryos that will not be used by individuals seeking fertility treatments and will otherwise be discarded are eligible for stem cell derivation.

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ABA Recommends an Increase in Cap on Victims of Crime Act (VOCA) Funding

On January 4, 2007, the ABA submitted a written statement to the Honorable Rob Portman of the Office of Management and Budget recommending an increase in the amount of the cap on Victims of Crime Act (VOCA) funding.

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