Category: Legislation

Senate Appropriations Committee Pulls F136 Alternate Engine Funding

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In addition to zeroing out the alternate engine, they also cut 10 production aircraft from the FY 2011 for failure of the program to execute per schedule.

This implies to me that neither cut could have gone through on its own, but together, both those who have concerns about the JSF, and those who don’t want the engine got enough of what they wanted to support each other.

Meanwhile GE/RR is ramping up efforts to reverse this decision, noting, among other things, that the budget numbers that the Pentagon is putting forward on the F136 engine are sketchy at best.

H/t ELP Defens(c)e Blog

SNATCHING DEFEAT FROM THE JAWS OF VICTORY

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The Democrats, Again, of course.

After Boehner’s surprise statement, it looks like the Obama White House is trying to take advantage of this, and paint the Republicans with the “Daddy Warbucks” brush and splinter the Republican caucus, which is good, but a aide for the House leadership just said that the house will not vote on the tax cuts, which is significant because the Constitution says that tax bills have to start with the house.

My guess is that this is someone Steny Hoyer’s office, who is attempting to suck up to the Blue Dog types, who are trying to insist on tax cuts for the big donors.

And on the Senate, we have the preening sociopath narcissists Ben Nelson says that he might support a filibuster, while Mr. “That contemptible rat-f%$# who isn’t with us on everything but the war” Joe Lieberman both saying that he will support a filibuster.

What is good politics and good policy right now is for Barack Obama to say that he will veto any bill that grants tax breaks to people making more than a $¼ million.

It would be useful to show that Obama can draw a line in the sand, because at this point, no one believes that he can.

Boehner Blinks

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After threatening to take down any tax proposal that did not keep the tax breaks for the Leona “Only the little people pay taxes” Helmsley rich folk, David “Nicotine Stained Face” Boehner has agreed to support tax cuts for the remaining 98% of us.

I think that this is really a change in tactics: He knows that he cannot stop the tax cuts from expiring in the House, and that there is a realistic chance of taking the house, so he will go with the electoral politics that show that over ⅔ of voters support letting the “rich bitch” tax cuts expire, so he will let the Senate, where the chances of a Republican take over are smaller, filibuster this to death.

My response to both of them would be to remind them that the inheritance tax goes way up next year if nothing is done, and if something reasonable does not get through the Congress, then there all the taxes come back full force, but of course, I’m not being all hopey-changey and attempting bipartisanship.

Personally, I’d take the top rate, cutting at somewhere north of 10 million a year, back to around 94%, but then again, I’m just a DFH.*

*Dirty F%$#ing Hippy.

One Benefit of Dodd-Frank

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It expands the jurisdiction of the SEC with regard to the malfeasance and misfeasance of the ratings agencies by allowing them to take actions that occurred in other countries:

The U.S. Securities and Exchange Commission said it plans to use new financial laws to pursue credit-rating fraud initiated overseas after dropping a case against Moody’s Corp. amid uncertainty over its authority.

The SEC’s investigation found that a Moody’s ratings committee based in Europe refused to lower inflated grades on almost $1 billion of debt in 2007, the agency said in a report released yesterday. The committee declined to correct errors produced by a flawed ratings model out of concern for the firm’s reputation, the SEC report said.

“Uncertainty regarding a jurisdictional nexus between the U.S. and the relevant ratings conduct” led the SEC to drop the probe, the agency said in the report. That uncertainty was removed by the Dodd-Frank law, enacted in July, which clarifies the SEC’s power to sue for misconduct that has a substantial effect within the U.S., the report said.

Of course, a better alternative would be to change the laws that require the ratings agencies in the first place, as they have been a complete failure.

Just how Broken is Our Government?

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Well, how about a lobbying group brazenly using its ability to bribe members of Congress in an attempt to get an industry to target its own customers with onerous positions:

The Recording Industry Association of America said on Monday that current U.S. copyright law is so broken that it “isn’t working” for content creators any longer.

RIAA President Cary Sherman said the 1998 Digital Millennium Copyright Act contains loopholes that allow broadband providers and Web companies to turn a blind eye to customers’ unlawful activities without suffering any legal consequences.

…………

This seems like innocuous whine, the sort that we have heard from the RIAA, the MPAA, the BSA for years, but it’s the threat that caught my eye:

In response to a question from CNET, Sherman said it may be necessary for the U.S. Congress to enact a new law formalizing agreements with intermediaries such as broadband providers, Web hosts, payment processors, and search engines.

The RIAA would strongly prefer informal agreements inked with intermediaries, Sherman said: “We’re working on [discussions with broadband providers], and we’d like to extend that kind of relationship–not just to ISPs, but [also to] search engines, payment processors, advertisers.”

But, Sherman said, “if legislation is an appropriate way to facilitate that kind of cooperation, fine.”

The basic attitude here is that they can ask Congress to jump, and the only response will be the query, “how high?”

It is a revolting state of affairs.

It should be noted that RIAA chief Cary Sherman later “clarified”, saying that, “A broader law enacted without their cooperation isn’t what the RIAA wants,” which really more a restatement of the the threat than anything else.

I hope that attitudes toward IP, and IP absolutism, are changing slowly. It seems to me that they are, largely as a result of the Blackberry case, when a patent troll nearly shut down the Blackberries in the US, in fact RIM’s inability to separate commercial users from government users is in large part why the troll finally settled, they realized that judges deprived of their “Crackberries” can get stroppy.

2 Snaps Up to Senator Schumer

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He just made the obvious point that the current H1B program does not serve the needs of the American people:

Sen. Chuck Schumer (D-N.Y.) says that the H-1B program has created “multinational temp agencies” that undercut U.S. wages and discourage students from entering tech fields.

Schumer said the H-1B program has morphed into program used to hire foreign tech workers “willing to accept less pay than their American counterparts.” He spoke on the Senate floor in advance of its approval Thursday of $600 million for border security that includes an H-1B visa fee increase.

He’s right, of course. The program is not about finding people who cannot be found in the US, it’s about importing cheap labor.

The rise in the H-1B fees is perhaps the best part of the law, thought, of course, the foreign body shops are apoplectic about this, claiming that “The US is giving a very strong signal foreigners are not welcome.”

My heart bleeds borscht for them, but they should consider themselves lucky: I would set a soft cap of something like 50K a year visas, and raise the rates when the number of applications exceed this.

As an alternative, you could go with a bidding system, with something like quarterly auctions, which would raise the cost from a $2,500 fee

The new law added $2000 for firms that have more than 50% non citizen/green card workforces, which is still too low.

IP and Protecting the Incumbent Players

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Once again, the Obama administration has gone for a maximalist position on IP, and they are looking at making radio stations start paying license fees to performers, aka a “public performance right”:

The recording industry scored a significant victory today with news that the Obama administration will provide its “strong support” for the Performance Rights Act. The bill would force over-the-air radio stations to start coughing up cash for the music they play; right now, the stations pay songwriters, but not the actual recording artists.

I will say that this is a basically fair, since web broadcasters, satellite radio have to pay these fees, and the status of Radio is a historical artifact dating back something like 70 years.

The record distributors love this, and the radio stations (rather unsurprisingly) hate this law.

This, in and of itself, is neither surprising, nor particularly interesting to me.

What is interesting is that the RIAA is trying to cut a Verizon/Google type deal on this:

Music labels and radio broadcasters can’t agree on much, including whether radio should be forced to turn over hundreds of millions of dollars a year to pay for the music it plays. But the two sides can agree on this: Congress should mandate that FM radio receivers be built into cell phones, PDAs, and other portable electronics.

The Consumer Electronics Association, whose members build the devices that would be affected by such a directive, is incandescent with rage. “The backroom scheme of the [National Association of Broadcasters] and RIAA to have Congress mandate broadcast radios in portable devices, including mobile phones, is the height of absurdity,” thundered CEA president Gary Shapiro. Such a move is “not in our national interest.”

This is really pretty absurd. If you have an MP3 player, you can play the song that you want, and not tune into the repetitive crap that comes out of the increasingly conglomerate dominated commercial FM airwaves, though I could see listening to a sporting event.

On a deeper level though, this is profoundly disturbing, because it shows how blatant the incumbents in various segments of our society have become in divvying up the spoils through as privileged participants in the legislative process.

If people really want to change the tenor of Washington, they should start by taking on this sort of corruption head on, and get to Republicans and Democrats calling each other names later.

Congress Passes State Aid Bill

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It would have been better if the Senate hadn’t dithered and watered this down, but this should keep a few thousand cops and teachers employed:

The US House of Representatives has passed an aid package that will provide cash-strapped states with $26bn (£16.4) for healthcare and education.

The bill, which cleared the Senate last week, is now set to be signed by President Barack Obama, three months before the mid-term elections.

The president had appealed for the passage of the legislation, while Republicans condemned it.

The House had been called back for an emergency session for the vote.

The House voted 247 to 161 in favour of the bill, which supporters say will help to save the jobs of 100,000 teachers.

The package also includes $16.1bn to extend funding for the Medicaid healthcare programme for low-income Americans.

This has been a very busy August news wise.

Credit Ratings Freak Out

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One of the tidbits in the financial reform bill was a provision making the ratings agencies liable for the quality of their reports, which is a good thing, since they are nominally experts, and expert opinions of this sort are generally subject to lawsuits for fraud and incompetence.

Their protection from lawsuits had a direct correlation with the crap that Moody’s Fitch’s, and S&P pumped out their door over the past few years.

The thing is, however, that the ratings agencies are completely freaking out over this, and are now demanding that their ratings not be included in bond sales prospectuses:

Standard & Poor’s, Moody’s Investors Service and Fitch Ratings are all refusing to allow their ratings to be used in documentation for new bond sales, each said in statements in recent days. Each says it fears being exposed to new legal liability created by the landmark Dodd-Frank financial reform law. The new law will make ratings firms liable for the quality of their ratings decisions, effective immediately. The companies say that, until they get a better understanding of their legal exposure, they are refusing to let bond issuers use their ratings.

What they are saying here is that they are unwilling to actually rate bond issues if there is the slightest chance that their own incompetence or corruption might get them successfully sued.

Well, for most of the rest of us, if we screw up a home repair, leave a cell phone in a patient during an operation, or leave an oil plug off of a car, we are liable, and the world works.

The ratings agencies have no special right to be unaccountable.

Dems Cave on Anthropogenic Climate Change Bill

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I guess that is no surprise that John Kerry and Harry Reid have given up on climate change legislation.

The only bright side is that it was a pretty sucky bill which would have handed the Vampire Squid* and Their Evil Minions™ a new market mechanism to rape.

If Obama has any balls, and he doesn’t, he will get moving to have the EPA draw up regulations, ones with real teeth make the coal, oil, and gas state Congressmen sweat.

In order to capture legislators hearts and minds on this issue, you need to get them by the balls first.

*Alas, I cannot claim credit for the bon mot describing Goldman Sachs as a, “great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money.” This was coined by the great Matt Taibbi, in his article on the massive criminal conspiracy investment firm, The Great American Bubble Machine.

What BTD Says

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There seems to be a push by the blue dogs and DINOS to try to make some portion of the disastrous Bush tax cut permanent.

Of course, most the Republicans won’t vote for it unless it keeps tax cuts for millionaires, and so it needs liberal Democratic votes to pass.

Well, the the blogger formerly known as Armando has this right, the best course of action absent some major concessions from the Blue Dog types is to do nothing, and let taxes go up, particularly the inheritance tax, which will pay for the loss of revenues this year in about 18 months if it returns to its old levels:

But it is not for progressive Dems. In short, to hell with Baucus and Reid on this issue, Progressives can get what they want by simply making sure nothing happens. They have the bargaining power now. Time to use it.

All that needs to happen for the taxes to be repealed is to do nothing.

Doubtless, the Obama administration will twist arms over this, since he promised people making less than $¼ million a year that he would not raise taxes, but he also promised to support a public option, to get us out of Iraq, repeal Don’t Ask Don’t Tell, and have a serious look at torture and other war crimes by Bush and His Evil Minions™.

I don’t see any reason for liberals in Congress to go out of their way to support Obama on bad policy promises if he won’t fight on good policy promises.

Bloody Morons

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So, the Senate, now that Byrd’s temporary replacement has been sworn in, but they got it wrong.

They extended benefits through November. You should have extended it only to October, and then jam up the Republicans when they vote against it just before the election.

I understand that Congressmen don’t like to be in DC in October of an election year, but being there to vote for an unemployment extension is the best campaigning that you can do.

Even a Stopped Clock…………

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And Alan Greenspan are actually correct every so often:

Former Federal Reserve chief Alan Greenspan believes Congress should let the tax cuts enacted by President George W. Bush expire for all Americans in order to address the widening deficit, according to a TV interview airing Friday.

“They should follow the law and let them lapse,” Greenspan told Bloomberg TV’s Judy Woodruff.

The 2001 and 2003 tax cuts are due to expire at the end of the year. President Obama had promised to make them permanent for families making less than $250,000.

As to Obama’s promise to people making less than 250K, it would necessarily involve deal cutting which would require some sort of very expensive sop to the rich, so just put this in the category of another Obama promise not kept, and let the rich pay more.

The amount saved by folks making less than 250K amounts to just a few bucks a week.

Of course, that is not what is going to happen. Instead, Obama will propose an extension on the lower income tax cuts, and then he will propose tax cuts for the wealthy, basically giving away the store at the start of negotiations, and then the Republicans, and Ben Nelson, and various Blue Dogs, will go and lard it up with more give aways for the rich, most likely give aways on interest, capital gains, and dividend income, and Obama will declare victory, and sign it.

My suggestion would be to make the proposal, and raise the marginal tax rate for folks over 250K, to something on the order of 85% for income over $10 million a year.

Start there, and you may actually get a good tax bill.

Seriously, soaking the rich is good policy and good politics.

French National Assembly Votes to Ban Burqa

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The vote to ban face coverings in public places with only one no vote, and it now goes to the Senate, where passage almost certain.

I have actually lived in a place where face coverings were briefly banned, I discovered this when we had issues with Halloween masks one year, for reasons completely unrelated to religious observance.

As I stated a few months ago, I have some mixed emotions here.

First, there is already an extant ban on masks in public, so the law, with its €150 fine for wearing the veil seems to be gilding the lily. Simply by enforcing the existing ban on masks in public places could achieve the same effect.

That being said, criminalizing coercion by family members to wear the garb, the law calls for €30,000 fine and up to a year in jail, does seem to be an unalloyed good.

Of course, you really don’t have good guys on either side.

On one side you have right wing nativists, and on the other side, you have a profoundly medieval mindset which sees the subjugation of women as a core value.*

If there were only a way for both sides to lose this battle.

I don’t think that women should be wearing the burqa anywhere in the world, but I am still conflicted as to whether this needs to be put into law.

*In the interest of fairness, I consider the Jewish Heredim, the ultra orthodox, to have a, “profoundly medieval mindset which sees the subjugation of women as a core value,” as well.

And On the Other Side of How to Treat Children

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Congresswoman Carolyn McCarthy (D-NY-4) has introduced legislation to ban corporal punishment in schools.

In the context of the home, I’m a little bit more ambivalent on the idea of a corporal punishment ban, but in schools, the people most likely to engage in this are going to be be psychopaths who get off by hitting kids.

What’s more the punishments fall disproportionately on minorities and the disabled.

Full press release after the break:

Congresswoman Carolyn McCarthy Introduces Legislation to End Corporal Punishment in Schools
Tuesday June 29, 2010

Washington, DC–Today, Congresswoman Carolyn McCarthy (NY-04) introduces the “Ending Corporal Punishment in Schools Act,” legislation that aims to eliminate the use of corporal punishment in schools.

Data collected by the U.S. Department of Education’s Office of Civil Rights shows that over 220,000 students in 20 states, in schools across the country are corporally punished, and studies indicate that corporal punishment in schools has a negative effect on students. Children of color and with disabilities experience corporal punishment at disproportionate rates. This legislation aims to alleviate this and promote positive school cultures and climates.

Additionally, data shows there is no evidence that corporal punishment is an effective disciplinary tool or that it results in academic success.

“I am introducing this legislation to addresses the damaging use of corporal punishment against our nation’s school children. This bill will eliminate the use of corporal punishment in schools, as well as assist in creating a safer learning environment for every child ensuring that our schools are places that foster students’ growth and dignity,” said Congresswoman Carolyn McCarthy. “Twenty states still permit corporal punishment in public schools and studies indicate that this type of discipline has a negative effect on students. This legislation amends the General Education Provisions Act so that no funds for programs administered by the Department of Education shall be made available to any educational agency or institution that has a policy or practice which allows school personnel to inflict corporal punishment on a student.”

Congressman Bobby Scott (VA- 03) member of the Healthy Family and Children Subcommittee, and co-sponsor of this legislation highlights that racial disparities do exist with the use of corporal punishment.

“Thirty states across the country have already prohibited corporal punishment,” said Congressman Scott. “Corporal punishment does not work and in fact leads to increased negative behavior and dropout rates. Moreover, the fact that schools are applying school discipline policies in a discriminatory manner based on race, color, national origin, disability, or gender constitutes a civil rights violation.”

Congressman Phil Hare (IL-17) who has been a champion and supporter of innovative programs designed to teach positive behavior as a way to improve school climate, is also a co-sponsor of this legislation.

“Corporal punishment such as paddling and other physical abuse is reprehensible and should be banned immediately. It is time to move away from the old conventional wisdom that threatening and punishing a student will motivate them to achieve. Instead, we should transition to 21st century programs like school-wide positive behavior supports which encourage, reward, and breed good behavior from the beginning,” said Hare.

According to the Department of Education, while African Americans made up 17.1 percent of public school students nationwide, they accounted for 35.6 percent of those who were paddled during the 2006-2007 school year. Similarly, although students with disabilities constituted 13.7 percent of all public school students, they made up 18.8 percent of those who are subjected to corporal punishment. These students are often punished simply for behaviors arising out of their disabilities, such as autism or Tourette’s syndrome.

Randi Weingarten, President of the American Federation of Teachers has been a long-time advocate against the use of corporal punishment in school supports this measure.

“Corporal punishment doesn’t improve behavior or student performance. Rep. McCarthy’s bill would end an outdated disciplinary practice,” said Weingarten.

Spearheaded by the American Civil Liberties Union, over 80 education and child advocate groups have signed a letter supporting this legislation.

“This important legislation would end the arcane practice of corporal punishment in schools. It is stunning to think children in some states receive greater protections against physical discipline in detention facilities than they do in classrooms,” said Deborah J. Vagins, ACLU Legislative Counsel. “The Ending Corporal Punishment in Schools Act will help provide the safe, supportive academic environment all students deserve and need to achieve academic success.”
The National Parents Teachers Association (PTA) agrees that corporal punishment does not foster positive environments for students to thrive and grow.

“National PTA opposes the use of any violence in schools. National PTA supports federal efforts to abolish corporal punishment in schools and the development of alternative discipline programs, such as Positive Behavioral Intervention and Supports (PBIS) to provide for an orderly climate for learning. We applaud the efforts of Congresswoman McCarthy to abolish the use of corporal punishment in America’s schools and stand ready to assist in her efforts,” said Charles J. “Chuck” Saylors, National PTA President.

The National Association of Secondary School Principals says schools should find positive approaches to disciplining children.

“The National Association of Secondary School Principals has a long history of supporting the personalization of the school environment and student learning,” said NASSP President Jana Frieler, who is the principal of Overland High School in Aurora, Colorado and testified before the Healthy Families and Communities Subcommittee in April. “We believe that school climate must be one that never tolerates violence but instead focuses on each student’s success and how the school can foster a proactive approach to discipline. For this reason, we are proud to support the Ending Corporal Punishment in Schools Act and will work with Congress to ensure this important legislation is enacted into law.”

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