INFORMATION
Legal Report: How-to
09/24/2007 - The Nuclear Regulatory Commission (NRC) has announced its plan to formulate a new rule to guide risk assessments at nuclear power facilities. The risk assessments, which will be performance-based and technology-neutral, will be required before a facility can be issued a license by the NRC. The advance notice of the rulemaking does not set out the specifics of the plan. Instead, the NRC is asking for comments on whether the concept of the plan is reasonable and, if so, how it should be designed and implemented. The comment period expires December 29, 2006. @ read the advance notice of the proposed rule.
Legal Report: Legislation
09/21/2007 - A false arrest practical joke gone bad was not grounds for a lawsuit against the company, said a court.
Legal Report: ID issues \ Identity Theft
09/21/2007 - Minnesota Governor Tim Pawlenty has offered several proposals designed to combat identity theft in the state. The proposals are currently under review by state agencies. They will subsequently be introduced in the Minnesota Legislature.
Legal Report: Airport Security
09/21/2007 - A bill (H.R. 4353) introduced by Rep. Christopher Shays (R-CT) would require that all passengers flying on aircraft that is also carrying uninspected cargo be notified by DHS. The passengers would be told that the aircraft’s cargo has not been screened for explosives or other hazardous materials.
Legal Report: Legislation
09/21/2007 - A bill (H.R. 4877) introduced by Rep. Heather Wilson (R-NM) would require that the Attorney General conduct a study on how private entities and state and local governments store explosive material that has been shipped via interstate commerce. After completing the study, the government would establish regulations for minimum security standards required for the safe and secure storage of such materials. Violation of the regulations would be punishable by a fine of $500 per pound of explosives.
Legal Report: Legislation
09/21/2007 - A bill (H.R. 3170) introduced by Rep. Steve King (R-IA) would establish an electronic livestock-identification system capable of tracing all U.S. livestock from the time animals are moved from their original premises to the time of slaughter. (Under the bill, livestock is defined as cattle, swine, sheep, goats, and poultry.) All records would be available within 48 hours of an animal’s relocation. The system would also track all relevant livestock information including identification number, species, and date of birth. The tracking system would be maintained in a centralized livestock data system.
Legal Report: Personnel Protection
09/21/2007 - A bill (H.R. 4899) introduced by Rep. Jerrold Nadler (D-NY) would require that all cargo containers bound for the United States be scanned using the best-available technology—including radiation and density scanning—before they are loaded onto a ship. These scans would then be reviewed by U.S. security personnel before the container is loaded. Once scanned, the containers would be sealed with a device that would indicate whether the container has been tampered with in transit. Under the bill, this device would have to have the capability to notify officials if a breach has occurred before the container enters a U.S. port.
Legal Report: Privacy
09/21/2007 - A bill (S. 2389) introduced by Sen. George Allen (R-VA) that would make it illegal to solicit, acquire, or sell another person’s confidential telephone records without that person’s consent has been approved by the Senate Commerce, Science, and Transportation Committee.
A similar provision (S. 2178) has been approved by the Senate Judiciary Committee. S. 2178 would prohibit obtaining confidential phone records by fraud or any other unauthorized means from a telecommunications carrier or IP-enabled service provider. Under the measure, the sale of such records by anyone would be punishable by up to five years in prison. The penalty doubles for repeat violations within a 12-month period and for violations involving more than $100,000 or more than 50 customers. Law enforcement activities are exempt.
Legal Report: Legislation
09/21/2007 - A port security bill (H.R. 4954) introduced by Rep. Daniel Lungren (R-CA) has been approved by the House Homeland Security Committee’s Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity
Legal Report: Legislation
09/21/2007 - The Ninth Circuit on the ADA and mental illness; pending U.S. laws on counterfeiting, privacy, and transit; new legislation in Missouri and Virginia
Legal Report: Crime
09/20/2007 - A new bill (H.B. 146) introduced in the Virginia House of Delegates would prohibit anyone who is carrying a concealed weapon into a restaurant or club from consuming alcohol on the premises. Certain people would be exempt under the bill including the owner of the premises in question and law enforcement officers. Members of target-shooting organizations and gun-collecting clubs would be exempt only if their weapons are unloaded and securely wrapped.
Legal Report: Contingency Planning \ Disaster Management
09/20/2007 - A new Missouri law (formerly H.B. 413) requires that the state set up a vaccination program for first responders who would be deployed to disaster areas as a result of bioterrorism. Participation in the program is voluntary except for those first responders identified by their employers as personnel who cannot safely perform their emergency duties without the vaccinations
Legal Report: Legislation
09/20/2007 - A Colorado bill (H.B. 1314) would prohibit employers from requiring their workers to attend religious or political meetings. Employers would not be able to penalize employees who refuse to attend these meetings as so-called “captive audiences.” The bill has been referred to two committees. The House Business Affairs and Labor Committee has approved the bill. However, it is still pending in the House State, Veterans, and Military Affairs Committee.