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What's New in Washington

November 2009


ABA Supports S. 1821, the Elder Abuse Victims Act

On November 6, the ABA sent a letter to the Senate Special Committee on Aging expressing support for S. 1821, the Elder Abuse Victims Act to create an infrastructure and provide resources needed to develop and implement a nationally coordinated strategy in collaboration with the states to make elder justice a reality.

Read the letter

ABA Testimony of Kevin Shepherd on S. 569

On November 5, Kevin Shepherd testified before the Senate Committee on Homeland Security and Governmental Affairs concerning S. 569, "Incorporation Transparency and Law Enforcement Assistance Act".

Read the letter

ABA Supports the Employment Non Discrimination Act of 2009

On November 4, 2009, the ABA sent a letter to the Senate Health, Education, Labor and Pension Committee urging support for the Employment Non Discrimination Act of 2009, S. 1584, to protect lesbian, gay, bisexual and transgender employees from workplace discrimination.

Read the letter

October 2009


ABA Testimony of H. Thomas Wells, Jr. Concerning LSC

On October 27, H. Thomas Wells, Jr. testified before the Subcommittee on Commercial and Administrative Law, Committee on Judiciary, on behalf of the ABA concerning the Legal Services Corporation.

Read the letter

ABA Letter Opposing Graham Amendment in H.R. 2847

On October 22, ABA wrote a letter to the Senate opposing the Graham Amendment (Amdt. No. 2669) in the Fiscal Year 2010 Commerce-Justice-Science appropriations bill (H.R. 2847), that would prohibit the use of appropriated funds to prosecute Guantanamo detainees in Article III courts.

Read the letter

ABA Testimony of Ilene Knable Gotts

On October 20, Ilene Knable Gotts testified before the Senate Committee on the Judiciary, on behalf of the ABA concerning S. 1681, “The Health Insurance Industry Antitrust Enforcement Act of 2009”.

Read the letter

ABA Recommendations for August 2009 LSC Board of Directors Nominations

On October 8, the American Bar Association wrote to the Senate HELP committee with their evaluations of the qualifications of five individuals nominated by the White House in August 2009 to serve on the Legal Services Corporation Board of Directors.

Read the letter

ABA Testimony of Ilene Knable Gotts

On October 8, Ilene Knable Gotts testified before the Subcommittee on Courts and Competition Policy, Committee on the Judiciary, on behalf of the ABA concerning H.R. 3596, “The Health Insurance Industry Antitrust Enforcement Act of 2009”.

Read the letter

ABA Supports Initiatives to Combat Gender-Based Violence

On October 5, 2009, the ABA sent a letter to the Senate Foreign Relations Committee commending the Committee for addressing the critical issue of violence against women and girls around the world and to urge the Senate to pass legislation such as the International Violence Against Women Act as soon as possible.

Read the letter

ABA Supports S. 417 and H.R. 984, State Secrets Legislation

On October 5, 2009, the ABA sent a letter to the Senate and House Judiciary Committee reaffirming its support for S. 417 and H.R. 984, state secrets legislation pending before your committees, and to urge the Committees to renew your efforts to secure enactment of a comprehensive bill this Congress.

Read the letter

ABA Supports the Employment Non Discrimination Act of 2009

On October 5, 2009, the ABA sent a letter to the House Education and Labor Committee urging support for the Employment Non Discrimination Act of 2009, H.R. 3017, to protect lesbian, gay, bisexual and transgender employees from workplace discrimination.

Read the letter

ABA Urges Removal of Mandatory Minimum Provision

On October 1, 2009, the ABA sent a letter to the House Armed Services Committee urging removal of the mandatory minimum sentencing provision contained in the Matthew Shepard Hate Crimes Prevention Act.

Read the letter

September 2009


On September 30, 2009, the ABA submitted a written statement to the Senate Judiciary Subcommittee on Administrative Oversight and the Courts for the hearing on "Responding to the Growing Need for Federal Judgeships: The Federal Judgeship Act of 2009" expressing its support for S. 1653, the Federal Judgeship Act of 2009.

Read the letter

ABA Offers its Views on Finance Committee Health Reform Proposal

On September 22, 2009, the ABA sent a letter to the Senate Finance Committee sharing its views on amendments that may be offered relating to preemption of portions of the states’ medical liability laws.

Read the letter

ABA Praises the DOJ’s New "State Secrets" Policy

On September 23, 2009, ABA President Carolyn Lamm released a statement praising the Department of Justice’s new policy guidelines for asserting the "state secrets" privilege as an important step to prevent overreaching by the government but said that legislation is still needed to assure rigorous judicial review.

Read the statement

Read related May 6 letter

ABA Offers its Views on Finance Committee Health Reform Proposal

On September 22, 2009, the ABA sent a letter to the Senate Finance Committee sharing its views on amendments that may be offered relating to preemption of portions of the states’ medical liability laws.

Read the letter

ABA Supports H.R. 1466, the Major Drug Trafficking Prosecution Act of 2009

On September 17, 2009, the ABA sent a letter to Representative Maxine Waters, in support of H.R. 1466, the Major Drug Trafficking Prosecution Act of 2009, to refocus federal prosecutorial resources to major and serious drug traffickers, provide more discretion to sentencing judges, and eliminate mandatory minimum sentences for drug offenses.

Read the letter

ABA Letter on Financial Markets Regulatory Reform

On September 16, the ABA sent a letter to the House Financial Services Committee, the Senate Banking and Housing Committee, Secretary of Treasury Timothy Geithner and Assistant to the President for Economic Policy and Director of National Economic Council, Lawrence Summers, with the ABA Principles that were recently developed by the ABA Task Force on Financial Markets Regulatory Reform.

Read the letter

ABA Supports S. 448, the Free Flow of Information Act of 2009

On September 16, 2009, the ABA sent a letter to the Senate Judiciary supporting S. 448, the Free Flow of Information Act of 2009, legislation that would codify a qualified federal shield law for those who regularly investigate events and gather material with the intent of disseminating news and information to the public.

Read the letter

ABA Comments on Rule of Law Merits of FTAs

On September 15, 2009, the ABA submitted comments to the United States Trade Representative, Ambassador Ron Kirk, in response to a notice requesting input on several pending free trade agreements. The ABA comments were focused on the contributions the pending FTAs make in advancing the rule of law.

Read the comments

ABA Urges Senate Finance Committee to Include Parity Provisions in Health Care Reform Legislation

On September 14, 2009, the ABA sent a letter to the Senate Finance Committee urging the Committee to include in its proposed health care reform legislation the provisions with respect to parity of mental health and substance abuse disorder benefits that are contained in P.L. 110-343, the "Paul Wellstone and Pete Domenici Mental Health and Addiction Equity Act of 2008."

Read the Letter

August 2009


ABA Supports the Removal of the HIV Immigration Ban

On August 17, 2009, the ABA sent a letter to the Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, U.S. Department of Health and Human Services in support of the proposed revision of 42 CFR Part 34 to remove "Human Immunodeficiency Virus (HIV) infection" from the definition of "communicable disease of public health significance," and to remove references to "HIV" from the scope of examinations in the relevant regulations to allow for aliens infected with HIV into be admitted to the United States.

Read the Letter

ABA Supports the Continuation of the Specialized Children’s Docket

On August 21, 2009, the ABA sent a letter to Judge O'Leary of the Executive Office of Immigration Review in support of the continuation of the specialized children's docket in Harlingen, TX Immigration Court which employs child-sensitive techniques and procedures.

Read the Letter

July 2009


ABA Opposes Medical Malpractice and Other Amendments in H.R. 3200

On July 29, 2009, the ABA sent a letter to the House Committee on Energy and Commerce opposing amendments in H.R. 3200, America's Affordable Health Choices Act of 2009, to pre-empt a portion of the state’s medical liability laws and to create “health courts” in which medical liability cases would be removed on a mandatory basis from the state court system.

Read the Letter

ABA Urges for Favorable Reporting of H.R. 1478, the Carmelo Rodriguez Military Medical Accountability Act of 2009

On July 28, 2009, the ABA sent a letter to the House Committee on the Judiciary urging for favorable reporting for H.R. 1478, legislation that would amend the Federal Tort Claims Act to allow claims for damages to be brought against the United States Government for personal injury or death of a member of the Armed Forces arising out of a negligent or wrongful act or omission in the performance of medical, dental or related health care functions.

Read the Letter

ABA Urges for Approval of H.R. 3327, the Ramos-Compean Justice Act of 2009

On July 28, 2009, the ABA sent a letter to the House Committee on the Judiciary urging for approval at the Committee markup on July 29, 2009 of H.R. 3327, legislation that would allow federal judges to impose sentences below mandatory minimum terms set by statute when justice requires.

Read the Letter

ABA Urges Support for H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009

On July 28, 2009, the ABA sent a letter to the House Committee on the Judiciary urging support for H.R. 3245, legislation to eliminate the current disparity in federal sentences for crack versus powder cocaine offenses which was approved by the Subcommittee on Crime, Terrorism and Homeland Security by voice vote without amendment on July 22, 2009.

Read the Letter

ABA Supports the Use of Electronic Signatures for Disclosure of Medical Records when Appropriate

On July 21, 2009, the ABA sent a letter to Commissioner Astrue of the Social Security Administration supporting the use of electronic signatures for disclosure of medical information by the government when appropriate security techniques, practices, and procedures have been adopted for the signatures, provided the government addresses in detail the manner in which the privacy and security of personal health information is to be protected.

Read the Letter

ABA Testimony for the hearing "Over Criminalization of Conduct and Over-Federalization of Criminal Law"

On July 22, 2009, Stephen Saltzburg testified on behalf of the ABA to the House Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, for their hearing entitled, "Over Criminalization of Conduct and Over-Federalization of Criminal Law."

Read the Letter

ABA Supports H.R. 2850, the Administrative Law Judges Retirement Act of 2009

On July 17, 2009, the ABA sent a letter to Chairman Lynch in support H.R. 2850 which would provide for enhanced retirement benefits for Administrative Law Judges.

Read the Letter

ABA Urges Revisions to MCA in DoD Authorization

On July 20, 2009, the ABA sent a letter to the Senate urging revisions to the military commission provisions in S. 1390, the National Defense Authorization Act for Fiscal Year 2010 (NDAA). Despite some improvements, the proposed revisions embodied within the NDAA fail to address a number of significant concerns, including those related to the use of coerced evidence, the admission of hearsay evidence, and the resource constraints under which defense counsel must operate.

Read the Letter

ABA Supports H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009

On July 20, 2009, the ABA sent a letter to Representative Scott commending him for his leadership in introducing H.R. 3245 which would eliminate the current disparity in federal sentences for crack versus powder cocaine offenses.

Read the Letter

ABA Urges the Senate to Vote Against the Sessions Amendment No. 1615

On July 20, 2009, the ABA sent letters to the entire Senate urging them to vote against the Sessions Amendment during consideration of S. 1390, which would create a death penalty offense for what are now non-capital hate crimes.

Read the Letter

ABA Supports Provisions in S. 797, Tribal Law and Order Act of 2009

On July 17 2009, the ABA sent a letter to Chairman Dorgan and Ranking Member Barraso of the Senate Committee on Indian Affairs in support of the multiple provisions of S. 797, Tribal Law and Order Act of 2009.

Read the Letter

ABA Urges for Removal of Federal Funding Ban for Syringe Exchange Programs

On July 16 2009, the ABA sent a letter to the House Appropriations Committee urging the Committee to retain, without amendment, the recommendation of the Subcommittee on Labor, Health and Human Services to remove the federal funding ban for needle exchange programs.

Read the Letter

ABA Urges for Funding of the Child Abuse Prevention and Treatment Act

On July 15 2009, the ABA sent letters to the House Appropriations Committee and the Senate Subcommittee on Labor, Health and Human Services, and Education, Committee on Appropriations urging for support for funding for programs under the Child Abuse Prevention and Treatment Act (CAPTA) at the authorized levels of $84 million in FY 2010 for CAPTA basic state grants and $80 million for CAPTA Title II community-based prevention grants. Moreover, it urged for funding for the CAPTA discretionary research and demonstration grants at the level of $37 million.

Read the House Letter

Read the Senate Letter

ABA Supports Components of H.R. 2911, the Advance Planning and Compassionate Care Act of 2009

On July 6, 2009, the ABA sent a letter to Representative Blumenauer supporting sections of H.R. 2911, legislation which includes several ABA-supported components aimed at providing steps toward ensuring that every adult’s health care wishes are known and respected by his or her physician and by other health care providers, both within one’s home state and across state lines.

Read the Letter

ABA Opposes the Enactment of S. 569

On July 2, 2009, the ABA sent a letter to Chairman Lieberman of the Senate Committee on Homeland Security and Governmental Affairs opposing the enactment of S. 569, the Incorporation Transparency and Law Enforcement Assistance Act.”

Read the Letter

ABA Urges Full Funding for GLIN

On July 1, 2009, the ABA sent a letter to the Prospective Conferees for the FY 2010 Legislative Branch Appropriations supporting full funding in the amount of $2.7 million for the Global Legal Information Network (GLIN).

Read the Letter

ABA Urges Support for H.R. 2728

On July 1, 2009, the ABA sent a letter to the House of Representatives urging support of H.R. 2728, the William Orton Law Library Improvement and Modernization Act (Orton Act).

Read the Letter


June 2009


ABA Supports H.R. 1466, the Major Drug Trafficking Prosecution Act of 2009

On September 17, 2009, the ABA sent a letter to Representative Maxine Waters, in support of H.R. 1466, the Major Drug Trafficking Prosecution Act of 2009, to refocus federal prosecutorial resources to major and serious drug traffickers, provide more discretion to sentencing judges, and eliminate mandatory minimum sentences for drug offenses.

Read the letter

ABA Expresses Concern on Expanding Trade Officials Post-Employment Proscriptions

On June 30, 2009, the ABA sent a letter to members of the House of Representatives expressing concerns regarding a letter to the Governmental Accountability Office requesting a report on former government officials who advise foreign interests.

Read the Letter


ABA Supports H.R. 1898, the Life Sustaining Treatment Preferences Act of 2009

On June 29, 2009, the ABA sent a letter to Representative Blumenauer commending him for his leadership in introducing H.R. 1898, which recognizes that quality care for patients with advanced, chronic progressive conditions requires the kind of systemic process represented by “Physicians Orders for Life-Sustaining Treatment” or “POLST.”

Read the Letter

ABA Supports Components of S. 1150, the Advance Planning and Compassionate Care Act of 2009

On June 29, the ABA sent a letter to Senator Rockefeller commending him for his leadership in introducing S. 1150, which includes several ABA-supported components aimed at providing steps toward ensuring that every adult’s health care wishes are known and respected by his or her physician and by other health care providers, both within one’s home state and across state lines.

Read the Letter

James A. Wilson Responds to Senator Kohl's Additional Questions

On June 17, 2009, James A. Wilson, an ABA witness for the hearing "The Discount Pricing Consumer Protection Act: Do We Need to Restore the Ban on Vertical Price Fixing?" of the Senate Judiciary Committee, Subcommittee on Antitrust, Competition Policy and Consumer Rights, sent responses to additional questions which arose from the hearing to Senator Kohl.

Read the Letter

ABA Finds David Kappos Qualified as Director of the PTO

On June 25, 2009, the ABA sent a letter to the Senate Judiciary Committee stating that David Kappos has the qualifications necessary for the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office.

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ABA Requests Hearings on Proposals to Revise the Military Commissions Act of 2006

On June 23, 2009, the ABA sent letters to the House and Senate Armed Services and Judiciary Committees requesting hearings on any proposals to revise the Military Commissions Act of 2006 or to authorize new detention authority for current and future detainees before markup. Copies of the ABA’s February 2002 and February 2009 policies were attached for review.

Read the House letter

Read the Senate letter

Read the attachments

ABA Urges the Senate CJS to Match House’s Funding for the Legal Services Corporation

On June 23, 2009, ABA President Wells sent a letter to the Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies requesting the Senate to match the House-approved funding level of $440 million for the Legal Services Corporation’s FY 2010 funding and to lift the three restrictions as requested by President Obama.

Read the Letter

ABA Urges Full Funding for ACUS in FY2010

On June 24, 2009, the ABA sent a letter to the Senate and House Appropriations Committee's urging them to fully fund ACUS for FY2010, as it has a stellar track record of initiating government improvements and saving both the government and private sectors large sums of money.

Read the Letter

ABA Comments on the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equality Act of 2009

On June 22, 2009, the ABA Standing Committee on Substance Abuse sent to Representative Kennedy comments submitted to the Department of Labor in response to the Request for Information regarding the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2009.

Read the Comments

ABA Supports the Democracy Restoration Act of 2009

On June 16, 2009, the ABA sent letters to Representative Conyers and Senator Feingold applauding them for their leadership in introducing the Democracy Restoration Act, legislation that would restore voting rights in federal elections to people who are out of prison and living in the community.

Read the House Letter

Read the Senate Letter

ABA Supports the Equal Justices for our Military Act of 2009

On June 11, 2009, ABA President H. Thomas Wells, Jr. submitted a written statement to the House Judiciary Subcommittee on Subcommittee on Courts and Competition Policy for the record of the hearing on H.R. 569, the Equal Justice for our Military Act of 2009, legislation that will allow military members who have been court-martialed and face dismissal, dishonorable discharge or imprisonment to petition the U.S. Supreme Court for review of their conviction.

Read the statement

ABA Supports Full Funding of the Social Security Administration

On June 11, 2009, the ABA sent letters to the House and Senate Committee on Appropriations, Subcommittee on Labor, Health and Human Services, Education, and Related Agencies urging the Subcommittees to provide no less than the President’s Budget Request of $11.603 billion for the Social Security Administration in the Fiscal Year 2010 Appropriations legislation to permit the agency to continue in its efforts to address the crippling backlog of Social Security disability claims.

Read the House Letter

Read the Senate Letter

On July 10, 2009 the House Labor-HHS Appropriations Subcommittee marked up their FY 2010 spending measure which included $11.4 billion for the Social Security Administration, to "...help the agency process a rising number of retirement and disability claims, make progress in reducing the backlog of disability hearings, and improve services to the public."

ABA Supports the Recidivism Reduction Act

On June 11, 2009, the ABA sent a letter to Representatives Carson, Kennedy, and Stark in support of the Recidivism Reduction Act, legislation that will provide vital help to offenders attempting to successfully reenter society and avoid further contact with the criminal justice system.

Read the Letter

ABA Supports H.R. 1873, the Juvenile Justice Improvement Act

On June 10, 2009, the ABA sent a letter to Representative Murphy in support of his legislation, H.R. 1873, which would modify the Juvenile Justice and Delinquency Prevention Act by ending the practice of locking up status offenders, keeping pre-trial youth out of adult jails and in more humane juvenile justice facilities, continuing to allow states to keep youth convicted of adult crimes in juvenile facilities without facing a federal penalty, and improving conditions of confinement for youth in juvenile detention and corrections facilities.

Read the Letter

ABA Supports Laurie Mikva’s Nomination to LSC Board of Directors

On June 8, 2009 ABA President Wells sent a letter to the Chair and Ranking member of the Senate Committee on Health, Education, Labor and Pensions supporting the nomination of Laurie Mikva as a member of the LSC Board of Directors.

Read the Letter

ABA Opposes H.R. 1508, the Sunshine in Litigation Act of 2009

On June 4, the ABA sent a letter to the House Committee on the Judiciary, Subcommittee on Commercial and Administrative Law opposing H.R. 1508, the Sunshine in Litigation Act which would circumvent the Rules Enabling Act, the procedure established by Congress for revising rules in the federal courts, and would impose additional, unnecessary requirements on, and restrict the discretion of, federal courts in ways that will only increase the burdens of litigation in both time and expense.

Read the Letter

ABA Requests Funding for the Legal Services Corporation

On June 3, 2009 the ABA sent a letter to the House Appropriations Subcommittee on Commerce Justice, Science, and Related Agencies requesting an increase in the Legal Services Corporation’s FY 2010 funding to at least $435 million to help meet the urgent and expanding need for civil legal services. In addition, the ABA urges the Subcommittee to modify restrictions that have impeded LSC in fulfilling its mission of providing basic legal services to qualified persons.

Read the Letter

On Thursday, June 4, the Subcommittee provided a $50 million increase for Legal Services Corporation, $5 million more than the amount requested by the President who had requested $435 million. In addition, the subcommittee lifted the restriction on attorneys’ fees but kept in place the remaining restrictions. The full Committee is expected to mark up the bill Tuesday, June 9.


ABA Testimony in support of the Uniting American Families Act

On June 3, 2009, Christopher Nugent, Co-Chair of the Rights of Immigrants Committee of the ABA Section of Individual Rights and Responsibilities, testified before the Senate Committee on the Judiciary at its hearing, "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law," advocating for the Uniting American Families Act.

Read the Testimony


May 2009


ABA Comments on Mental Health Parity and Addiction Equity Act of 2008

On May 28, 2009, the ABA submitted comments to the Department of Labor in response to the Request for Information regarding the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.

Read the Comments


ABA Testimony in Support of the Elimination of the Cocaine Sentencing Disparity

On May 21, 2009, the ABA submitted testimony to the House Subcommittee on Crime, Terrorism and Homeland Security, Committee on the Judiciary in support of eliminating the cocaine sentencing disparity for their hearing, "Unfairness in Federal Cocaine Sentencing: Is It Time to Crack 100:1 Disparity?"

Read the Testimony


ABA Testimony of James A. Wilson concerning the Consumer Protection Act

On May 19, 2009, the ABA sent the testimony of James A. Wilson to the Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights regarding the hearing: "The Discount Pricing Consumer Protection Act: Do We Need to Restore the Ban on Vertical Price Fixing?".

Read the Letter


ABA Supports HB 889 on Determination of Capacity in Guardianship Proceedings

On May 8, 2009, the ABA sent a letter to Representative Elliott Naishtat of the Texas House of Representatives in support of the goals of HB 889, legislation outlining elements to be considered by a clinician in assessing adult capacity in a guardianship proceeding.

Read the Letter


ABA Supports S. 417, the State Secrets Protection Act

On May 6, 2009 the ABA sent a letter Senator Patrick Leahy reiterating its strong support for S. 417, the State Secrets Protection Act.

Read the letter


ABA Supports funding requests of the Library and the Law Library of Congress

On May 5, 2009 ABA’s GAO Director Thomas Susman testified to the House Committee on Appropriations Subcommittee on the Legislative Branch in support of the funding requests of the Library and the Law Library of Congress.

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ABA Comments on Subcommittee Hearing Regarding the Leegin Decision

On May 5, 2009, the ABA sent a letter to the Subcommittee on Courts and Competition Policy, House Judiciary Committee supporting the United States Supreme Court’s decision in Leegin Creative Leather Products v. PSKS, Inc., 127 S. Ct. 2705 (2007), and opposing federal legislation which would effectively undermine the decision.

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ABA Supports S. 678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009

On May 4, 2009, the ABA sent a letter to the Senate Judiciary Committee in support of S. 678, legislation that will reauthorize critical components of the Juvenile Justice Delinquency and Prevention Act (JJDPA), which has been protecting youth across the nation for over 30 years.

Read the Letter


ABA Urges Support for the Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education (Youth PROMISE) Act

On May 4, 2009, the ABA sent letters to the entire House and Senate in support of the Youth PROMISE Act, bipartisan legislation that will effectively address youth violence and help thousands of youth to stay away from gangs and the criminal justice system and to become productive members of our communities.

Read the House Letter

Read the Senate Letter


April 2009


ABA Urges the Federal Trade Commission to Postpone Implementation of the Final Rule

On April 24th, the ABA sent a letter to the Federal Trade Commission requesting the postponement for a period of months the implementation and enforcement of the Final Rule relating to Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003 because the conclusion that the rule must be applied to lawyers providing legal services cannot be justified by either the law or the facts.

Read the Letter


ABA Supports the Elimination of the Cocaine Sentencing Disparity

On April 27th, 2009, the ABA sent letters to the entire House and the entire Senate in support of legislation that would eliminate the cocaine sentencing disparity and would reprioritize federal law enforcement to target higher level drug operators instead of users and low-level offenders.

On April 29th, 2009, Thomas Susman, Director of the Governmental Affairs Office, submitted testimony to the Senate Subcommittee on Crime and Drugs, Committee on the Judiciary for its hearing, "Federal Cocaine Sentencing Laws: Reforming the 100:1 Crack Powder Disparity," in support of eliminating the cocaine sentencing disparity.

Read the Testimony

Read the House Letter

Read the Senate Letter


ABA Opposes the Sunshine in Litigation Act of 2009

On April 13, 2009, the ABA sent a letter to the Senate and House Judiciary Committees opposing the Sunshine in Litigation Act because it would circumvent the Rules Enabling Act, the procedure established by Congress for revising rules in the federal courts and would impose additional, unnecessary requirements on, and restrict the discretion of, federal courts in ways that will only increase the burdens of litigation in both time and expense.

Read the Senate Letter

Read the House Letter


Professor Saltzburg, ABA Witness to the H.R. 1478 Hearing, Appends his Testimony

On April 6, 2009, Professor Saltzburg sent a letter to the House Subcommittee on Commercial and Administrative Law, Committee on the Judiciary, clarifying that the Federal Tort Claims Act specifically excludes punitive damages and appended the letter to his witness testimony for the Hearing on H.R. 1478, the “Carmelo Rodriguez Military Medical Accountability Act of 2009.”

Read the Letter


ABA Comments on the Role of the Department of Justice in the Review of State Certification Petitions

On April 6, 2009, the ABA filed comments to the Department of Justice on the proposed regulations relating to certification of states pursuant to Chapter 154 of Title 28, U.S.C., urging the DOJ to implement substantive standards for state certification of capital defense systems.

Read the Comments


March 2009


ABA Supports the Kerry-Lugar Amendment to Restore International Affairs Funding

On March 31, 2009, the ABA sent a letter to the entire Senate in support of the Kerry-Lugar amendment to restore $4 billion in funding for the FY10 International Affairs budget which finances activities that strengthen our national security, enhance our economic prosperity, and support our humanitarian and democratic values.

Read the Letter


ABA Supports the Coburn Amendment for S. 515, the Patent Reform Act of 2009

On March 27, 2009, the ABA sent a letter to the Committee on the Judiciary in support of the Coburn Amendment for S. 515, which would ensure that all fee revenue of the U.S. Patent and Trademark Office be made available to the Office for its use in providing services for which the fees were paid.

Read the Letter


ABA Supports Addressing the Persistent Indigent Defense Crisis

On March 26, 2009, Dennis Archer, the former president of the ABA, testified before the House Subcommittee on Crime, Terrorism and Homeland Security, Committee on the Judiciary in support of fulfilling the constitutional guarantee of effective assistance of counsel by having the federal government provide substantial financial support for the provision of indigent defense services in state criminal and juvenile delinquency proceedings.

Read the Testimony


ABA Supports H.R. 1478, the Carmelo Rodriguez Military Medical Accountability Act of 2009

On March 24, 2009, Stephen Saltzburg of the ABA Board of Governors testified before the House Subcommittee on Commercial and Administrative Law, Committee on the Judiciary in support of H.R. 1478, which would amend the Federal Tort Claims Act to allow claims for damages to be brought against the United States for personal injury or death of a member of the Armed Forces arising out of a negligent act in the performance of health care functions.

Read the Testimony


ABA Supports Observing the International Rule of Law and Respecting Human Rights

On March 20, 2009, the ABA sent a letter to President Obama praising the United States' participation as an observer at the United Nations Human Rights Council and the administration's support of the International Criminal Court while still encouraging further action in the protection of human rights.

Read the Letter


ABA Requests Funding for International Rule of Law Programs

On March 18, 2009, ABA President Wells sent a statement to the House Committee on Appropriations, Subcommittee on State, Foreign Operations, and Related Agencies requesting continued FY2010 funding for International Rule of Law Programs for their work in addressing the most pressing problems facing the world today, including poverty, conflict, endemic corruption, and disregard for human rights.

Read the Letter


ABA Supports H.R. 265, the Drug Sentencing Reform and Kingpin Trafficking Act of 2009

On March 16, 2009, the ABA sent a letter to Representative Jackson Lee in support of H.R. 265, the Drug Sentencing Reform and Kingpin Trafficking Act of 2009, which would eliminate the current disparity in federal sentences for crack versus powder cocaine offenses.

Read the Letter


ABA Supports FY 2010 funding for the Legal Services Corporation

On March 6, 2009, ABA President Wells sent a letter to the Office of Management and Budget commending the President for allocating $435 million for the Legal Services Corporation (LSC) in the Administration’s soon-to-be released detailed FY 2010 budget request to Congress. The ABA urges the Obama Administration to make several additional requests to Congress in the detailed FY 2010 budget that will, without cost to the government, significantly increase the amount of money available to provide legal aid to the poor.

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ABA Calls for Full Authorization of Funding for the Second Chance Act

On March 3, 2009, the ABA sent a letter to the House Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and Related Agencies and the Senate Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and Related Agencies in support of the full authorization of funding for the Second Chance Act, which would expand and launch innovative prisoner reentry programs.

Read the House Letter

Read the Senate Letter


February 2009


ABA Supports the Justice Integrity Act

On February 25, 2009, the ABA sent a letter to Senator Cardin and Representative Cohen in support of the Justice Integrity Act, which would examine the presence, cause, and extent of racial and ethnic disparities that exist in the criminal justice system and would facilitate the development of proposals aimed at eliminating racial and ethnic bias.

Read the Senate Letter

Read the House Letter


ABA Supports Reauthorization of Tribal Justice Programs

On February 23, 2009, the ABA sent a letter to the Senate Committee on Indian Affairs and the House Committee on Natural Resources in support of long-term funding for tribal justice systems through reauthorization of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 and the Indian Tribal Justice Act.

Read the Senate Letter

Read the House Letter


ABA Supports Nursing Home Arbitration Legislation

On February 23, 2009, the ABA sent a letter to the Senate Special Committee on Aging and the House Committee on the Judiciary in support of Nursing Home Arbitration legislation which addresses the unfair disadvantage most residents and families face during the time of admission to a nursing home but does not amend Chapter 1 of the Federal Arbitration Act.

Read the Senate Letter

Read the House Letter


ABA Supports S. 160, the District of Columbia House Voting Rights Act of 2009

On February 23, 2009, the ABA sent a letter to every member of the Senate, urging support for S. 160 which would establish the District of Columbia as a Congressional district for purposes of representation in the House of Representatives.

Read the Letter


ABA Supports H.R. 911, the Stop Child Abuse in Residential Programs for Teens Act of 2009

On February 23, 2009, the ABA sent a letter to every member of the House of Representatives, urging support for H.R. 911 which would prevent abuse and neglect of children and young people in residential treatment programs in the United States.

Read the Letter


ABA Urges Fix in Stimulus Legislation Allowing Compliance with ABA Model Procurement Code

On February 12, 2009, the ABA sent a letter to the Conferees of H.R. 1, the "American Recovery and Reinvestment Act of 2009" urging a correction in the legislation to allow for state and local governments to comply with the ABA Model Procurement Code to satisfy competition contracting requirements.

Read the Letter


ABA Supports S. 160, the District of Columbia House Voting Rights Act of 2009

On February 10, 2009, the ABA sent a letter to the Senate Committee on Homeland Security and Governmental Affairs in support of S. 160 which would provide congressional voting representation to the residents of the District of Columbia by adding one voting seat in the House for the District of Columbia and an additional House seat for the state of Utah.

Read the Letter


ABA Requests Joint Hearings on DHS Waiving of Laws Protecting Indian Rights

On February 5, 2009, the ABA sent a letter to the House Committee on Homeland Security and Governmental Affairs and House Committee on Nature Resources requesting a joint hearing based on concerns over the adverse impact on the rights of Native Americans resulting from the enactment of legislation to expedite the construction of barriers to secure the border between the United States and Mexico.

Read the Letter


ABA Requests Joint Hearings on DHS Waiving of Laws Protecting Indian Rights

On February 4, 2009, the ABA sent a letter to the Senate Committee on Homeland Security and Governmental Affairs and Senate Committee on Indian Affairs requesting a joint hearing based on concerns over the adverse impact on the rights of Native Americans resulting from the enactment of legislation to expedite the construction of barriers to secure the border between the United States and Mexico.

Read the letter


ABA Supports SB 122 on Guardianship Jurisdiction and SB 193 on Guardianship Monitoring

On February 10, 2009, the ABA sent a letter to the Maryland Senate Judicial Proceedings Committee in support of SB 122 and SB 193 which clarify guardianship jurisdiction and strengthen court oversight of adult guardians.

Read the Letter


ABA Supports the Stop Child Abuse in Residential Programs for Teens Act

On February 9, 2009, the ABA sent a letter to the House Committee on Education and Labor in support of the Stop Child Abuse in Residential Programs for Teens Act aimed at preventing abuse of children in residential treatment programs.

Read the Letter


ABA Urges Support for H.R. 448, the Elder Abuse Victims Act of 2009

On February 9, 2009, the ABA sent a letter to the House of Representatives urging support for H.R. 448, the Elder Abuse Victims Act of 2009, which addresses the growing national problem of elder abuse, neglect, and exploitation.

Read the Letter


ABA Supports Casey/Specter Amendment to Provide Legal Assistance to Victims of Foreclosure

On February 5, 2009, the ABA sent a letter to the Senate urging cosponsorship and support of S Amdt. # 378 to H.R. 1, the bipartisan Casey/Specter Amendment. The amendment would provide $30 million to HUD to distribute through competitive grants to state and local legal organizations to help victims of foreclosure.

Read the Letter


January 2009


ABA Supports H.R. 157, the District of Columbia House Voting Rights Act of 2009

On January 26, 2009, the ABA sent a letter to the House Subcommittee on the Constitution, Civil Rights and Civil Liberties supporting H.R. 157, the District of Columbia House Voting Rights Act of 2009 to provide congressional voting representation to the residents of the District of Columbia.

Read the letter


ABA Offers Health Care Access Policies and Member Expertise to House and Senate Committees

On January 22, 2009, the ABA sent a letter to the Senate and House sharing ABA policies on health care access and offering the expertise of ABA members in the development of health care access proposals.

Read the Senate letter

Read the House letter


ABA Supports S.181, the Lilly Ledbetter Fair Pay Act of 2009

On January 22, 2009, the ABA sent a letter to the Senate supporting S. 181, the Lilly Ledbetter Fair Pay Act of 2009, bipartisan legislation to restore the opportunity for individuals subjected to unlawful pay discrimination to effectively assert their rights under the federal anti-discrimination laws.

Read the letter

On January 27, 2009, the Senate passed the Lilly Ledbetter Fair Pay Act, and it was signed into law as P.L. 111-002 by President Obama on January 29, 2009.


ABA Supports Comprehensive Resolution of Issues Related to Prisoner Telephone Services

On January 15, 2009, the ABA sent a letter to the Federal Communications Commission in support of a comprehensive resolution of issues related to prisoner telephone services.

Read the letter


ABA Supports Children’s Health Insurance Program Reauthorization Act of 2009 (SCHIP)

On January 14, 2009, the ABA sent a letter to Senator Baucus and Senator Grassley, the Chair and Ranking Minority Member of the Senate Committee on Finance, supporting the Children’s Health Insurance Program Reauthorization Act of 2009 and amending the legislation to significantly improve access to health care services for legal immigrant children.

On February 4, 2009 the House passed, and the President signed into law, the Children's Health Insurance Program Reauthorization Act of 2009, which includes an ABA-supported provision to remove a five-year waiting period for legal immigrant children to participate in the program.

Read the letter


ABA Sends Letter to Transition Team on Health Care Access

On January 13, 2009 the ABA sent a letter to the Obama-Biden Transition Team sharing ABA policies on health care access and offering the expertise of ABA members in the development of health care access proposals.

Read the letter

ABA policy on Health Care Access


ABA Supports H.R. 11, the Lilly Ledbetter Fair Pay Act of 2009

On January 8, 2009, the ABA sent a letter to the House of Representatives supporting H.R. 11, the Lilly Ledbetter Fair Pay Act of 2009, bipartisan legislation to restore the opportunity for individuals subjected to unlawful pay discrimination to effectively assert their rights under the federal anti-discrimination laws.

Read the letter


ABA Washington Letter Annual Legislative Chart Now Online

The January 2009 edition of the ABA Washington Letter is the annual "Major Legislation of Interest to Lawyers," a chart highlighting action during the 110th 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 Offers Policy Recommendations for the New Administration and the New Congress

The Governmental Affairs Office of the ABA has prepared five separate policy papers summarizing some of the Association's most significant recommendations for the new Administration and the new Congress.

Read the policy papers


A listing of "What's New in Washington" entries from the 110th Congress may be accessed here

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