Mr. Conyers has outdone himself today. A long read, but well worth it!
http://www.conyersblog.us/archives/00000232.htmBlogged by JC on 09.07.05 @ 08:26 PM ET
Aftermath of Hurricane Sweeps through Congress
Today was predictably a busy day. I introduced the price gouging bill -- joined by 32 other Members (see extended entry for their names). If the president was really serious about his "zero tolerance" for price gougers, he would support this bill which gives the federal government enforcement authority, unfortunately, as of yet, we have not a single Republican cosponsor.
I continued working on a bankruptcy bill to limit the fallout from the Hurricane.
Reuters and other have the story, showing that consumer groups are lining up behind this effort to ameliorate the most onerous provisions of the bankruptcy bill on the victims of the hurricane. I plan to introduce this tomorrow.
I also wrote a letter to the Congressional Research Service today asking them to confirm my view that it is wrong and irresponsible legally to assert that the Governor of Louisiana did not take the necessary and timely actions to allow federal assistance. This has become the White House spin in recent days, even though it seems entirely incorrect.
Rawstory has my letter.
I also coauthored and managed time on a bill that actually passed the House today --
a bill granting the courts discretion to meet outside their district as a result of an emergency. As I said on the House floor, while this bill makes sense as far as it goes, we need to do much, much more as a Congress to respond.
Unfortunately, the tea leaves appear bleak for actual and useful legislative action at this point. First Bush says he will lead an investigation into the misconduct of his own Administration, and now the GOP Congress plans to bring their Inspector Clouseau routine to bear (see this
Americablog story), with a so-called oversight comittee which they have totally excluded Democrats from the discussion. If the reviews prove to anything like we have seen for treasongate, the missing WMD, or the torture abuses, these investigations will be nothing but whitewashes.
Cosponsors to Conyers Price-Gouging Bill: Representatives Debbie Wasserman-Schultz, Linda Sanchez, Jerrold Nadler, Martin Meehan, Sheila Jackson Lee, Bennie Thompson, William Jefferson, Adam Schiff, Joe Crowley, William Delahunt, Zoe Lofgren, Gene Taylor, Chris Van Hollen, Diane Watson, Bobby Scott, Ed Case, Bernie Sanders, Mike Capuano, Dennis Kucinich, Bob Filner, Dan Boren, Jim McDermott, George Miller, John Larson, Al Green, Julia Carson, Carolyn Kilpatrick, Carolyn Maloney, Emanuel Cleaver, Barbara Lee, Betty McCollum, Anthony Weiner
The REUTERS story -
http://today.reuters.com/investing/financeArticle.aspx?type=governmentFilingsNews&storyID=URI:urn:newsml:reuters.com:20050907:MTFH69020_2005-09-07_22-09-54_N07207117:1U.S. consumer groups urge easing of bankruptcy law
Wed Sep 7, 2005 6:09 PM ET
By Susan Cornwell
WASHINGTON, Sept 7 (Reuters) - U.S. consumer groups called on Wednesday for more stringent provisions of a new bankruptcy law to be eased for Hurricane Katrina victims, as Democratic lawmakers were drafting legislation to do just that. Sen. Russ Feingold is expected to introduce legislation this week that would let Katrina victims file under the old, more flexible, bankruptcy law for another year, while Rep. John Conyers is preparing a bill to exempt disaster victims from a means test in the new law, Senate and House aides said.
The new bankruptcy law, which makes it harder for heavily indebted Americans to wipe out their obligations, was passed by Congress last spring and goes into effect on Oct. 17.
Congressional Republicans said it was needed to crack down on abuse of the bankruptcy system by people who had never intended to pay their debts. Consumer groups have decried the new law, which introduces a means test to determine whether filers can be put on debt-repayment plans. They say this could pose a second, cruel blow to thousands of Katrina victims who have lost everything in the Gulf Coast storm. "We need to avoid kicking Hurricane Katrina victims when they are down," said bankruptcy attorney Brad Botes, a member of the board of directors of the National Association of Consumer Bankruptcy Attorneys. Often, Botes said, bankruptcy filings increase about six months after a natural disaster strikes, when disaster victims realize they will not be able to pay their bills.
In addition to delaying the law's effective date by a year for Katrina victims, Feingold's proposal would also give victims of any natural disaster certain breaks under the new law, said a Senate aide. Feingold is a Wisconsin Democrat. His proposal would drop a requirement that bankruptcy filers go through credit counseling if they are victims of a natural disaster. It would decree that disaster relief assistance not be considered income in the calculation of a bankruptcy filer's means; and it would relax requirements for paperwork that may have disappeared in the disaster. Conyers' proposal, which aides say he hopes to introduce in the House by week's end, would specify that victims of natural disasters who incurred a substantial portion of their debt as a result of that disaster, would not be subject to the means test in the new law.
Although the law that takes effect in October includes an exception to the means test if the debtor can demonstrate "special circumstances," this would require numerous detailed court filings, at considerable expense, Conyers told other lawmakers in a letter this week. He said he thinks natural disaster victims should be automatically exempt. Conyers, a Michigan Democrat, and Feingold will need support from Republicans, who have the majority in both houses of Congress and worked for years to get the bankruptcy overhaul passed. Botes hopes Republican lawmakers from Gulf states will be sympathetic.
RAWSTORY -
http://rawstory.com/news/2005/Democrat_calls_on_Congressional_Research_Service_to_reviewlaw_around_disaster__0907.htmlDemocrat calls on Congressional Research Service to review the law around disaster response
RAW STORY
Congressman John Conyers, Jr., Ranking Member of the House Judiciary Committee sent the following letter today to the Congressional Research Service to review the law and legal requests pertaining to Hurricane Katrina, and acquired by RAW STORY.
#
I write to request that CRS review the applicable law and legal requests pertaining to Hurricane Katrina, and confirm whether or not the necessary steps were taken to give the Federal government in general, and the Federal Emergency Management Agency (FEMA) in particular, the legal authority needed to act to save lives and mitigate the damage stemming from Hurricane Katrina in Louisiana.
Given that the Administration has described the Hurricane as the largest natural disaster in our nation's history, it is inconceivable to me that they would permit a bureaucratic issue to interfere with the performance of its job. However, it appears to me that the State of Louisiana took all necessary and appropriate actions to permit federal engagement. Some in the White House and Congress appear to want to derail any inquiry of this matter by labeling attempts to assess accountability as a "blame game." In my view, such labeling is not only misguided, but has potentially deadly implications, as it is essential to determine what went wrong and who is responsible so that we can correct shortcomings and avoid a similar debacle in the future.
An immediate review of the legal authority is necessary due to the continuing confusion in the media and the public concerning whether or not FEMA's actually had the necessary authority to respond under the law. For example, Monday's New York Times reports that "the administration is ... working to shift the blame away from the White House and toward officials in New Orleans and Louisiana, who, as it happens are Democrats."1 I also understand that White House officials provided information to the Washington Post claiming that "
s of Saturday, Blanco still had not declared a state of emergency,"2 and to Newsweek, asserting that "Louisiana Gov. Kathleen Babineaux Blanco seemed uncertain and sluggish, hesitant to declare martial law or a state of emergency, which would have opened the door to more Pentagon help."3
My own review of the facts and law indicates the following:
The Stafford Act, the relevant statute concerning natural disaster relief, provides that "ll requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State."4 The Act goes on to specify that such a request is "a prerequisite to major disaster assistance" and details various information which is to be included in such a request.5
On Saturday, August 27 and Sunday, August 28, Gov. Kathleen Blanco wrote to President Bush requesting that the president "declare an emergency for the State of Louisiana due to Hurricane Katrina." The letters reference the Stafford Act and itemize the severity and magnitude of Hurricane Katrina and specifically requests federal assistance.6
On Saturday, August 27, President Bush issued a Statement on Federal Emergency Assistance for Louisiana. He "declared an emergency exists in the State of Louisiana" and by its terms "authorizes the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to coordinate all disaster relief efforts which have the purpose of alleviating the hardship and suffering caused by the emergency to the local population." The White House statement also references the provisions of the Stafford Act.7
*The DHS website provides that "in the event of a terrorist attack, natural disaster, or other large scale emergency, the Department of Homeland Security will assume primary responsibility on March 1st for ensuring that emergency response professionals are prepared for any situation. This will entail providing a coordinated, comprehensive federal response to any large-scale crisis and mounting a swift and effective recovery effort."8
For your convenience, I have attached copies of all of the above materials to this letter.
In my judgment, it would appear to be relatively straightforward that the Governor's letter, combined with the declaration by President Bush granted DHS and FEMA full and complete authority to respond to Hurricane Katrina and to provide necessary aid and assistance to Louisiana and the other affected States. However, it would be extremely helpful if you could confirm to me whether or not I am reading the law correctly.
Given the importance and urgency of this issue, I would ask that you please provide us with a detailed analysis no later than Monday, September 12, 2005. Please feel free to contact Perry Apelbaum or Ted Kalo of the Judiciary Committee staff, at 2142 Rayburn House Office Building, Washington, DC 20515 (tel. 202-225-6504, fax 202-225-4423), with any questions or requests for any additional information.
Thank you for your prompt attention to this issue.
Sincerely,
John Conyers, Jr.H.R. 3650 -
http://releases.usnewswire.com/GetRelease.asp?id=528389/7/2005 6:14:00 PM
--------------------------------------------------------------------------------
To: National Desk
Contact: Jeff Lungren or Terry Shawn, 202-225-2492, both of the House Judiciary Committee
WASHINGTON, Sept. 7 /U.S. Newswire/ -- The House today approved by a 409-to-0 margin Hurricane Katrina emergency courts legislation that authorizes federal courts to conduct business outside of their statutorily-defined geographic domains during times of emergencies. H.R. 3650, the "Federal Judiciary Emergency Special Sessions Act of 2005," was sponsored by House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.), Ranking Member John Conyers, Jr. (D- Mich.), Judiciary Courts, the Internet, and Intellectual Property Subcommittee Chairman Lamar S. Smith (R-Texas), Judiciary Courts, the Internet, and Intellectual Property Subcommittee Ranking Member Howard Berman (D-Calif.), and Rep. Louis Gohmert (R-Texas).
Chairman Sensenbrenner said, "The creation and maintenance of a court system that allows citizens to adjudicate disputes is a fundamental responsibility of government. Where court operations cannot be transferred to other divisions within the affected judicial district due to wide-spread flooding and destruction, judges must be empowered to shift court proceedings temporarily into a neighboring judicial district. It is critical that Congress enact the legislation expeditiously so that the affected federal courts in Louisiana, Mississippi, and Alabama may continue to function in the wake of Hurricane Katrina. This legislation is part of the national effort to rebuild the devastated communities of the Gulf Coast region and restore hope to its residents."
Ranking Member Conyers commented, "One of the many effects of the tragedy resulting from Hurricane Katrina is the problem that the federal courthouses in the region are flooded, preventing countless civil and criminal cases from proceeding. Along with the tragic humanitarian results of such events, the administration of justice would come to a halt, thus depriving citizens from exercising their rights in court. This modest and non-controversial legislation would permit the circuit courts, district courts, magistrates, and bankruptcy courts to conduct proceedings outside their normal territorial jurisdictions in times of emergency."
Courts, the Internet, and Intellectual Property Subcommittee Chairman Smith added, "The need is urgent. To illustrate why, consider the Eastern District of Louisiana, where operations are currently suspended. There is virtually no federal district court presence there. Judges and court staff are physically scattered throughout Louisiana and other states. But crime in the district -- assault, rape, and robbery -- hasn't taken the week off."
H.R. 3650 now heads to the Senate for prompt consideration.
http://www.usnewswire.com/AMERIBLOG -
http://americablog.blogspot.com/2005/09/gop-to-announce-fake-rubber-stamp.htmlWednesday, September 07, 2005
GOP to announce fake rubber-stamp commission to investigate Katrina - no Democrats involved
by John in DC - 9/07/2005 03:26:00 PM
Gee, big surprise there. Sources on the Hill are hearing that the Republicans are going to announce a "bipartisan" bicameral Katrina commission, except, while they are saying its bipartisan and bicameral, they've not told the Senate Democratic Leadership anything about it, the Democratic Leadership will not be invited to the announcement of the commission.
They don't know yet if there will be equal representation on the committee, who will decide who's on it, or even if the committee will have subpoena power or real congressional authority. They will have the cameras at the announcment, but will take no questions from reporters (spokespeople will answer all questions later).
This can not pass the laugh test. The Republicans have decided to create a fake commission to give Bush a rubber stamp for all the crimes he's already committed.
Just remember how uncooperative Bush was with the September 11 commission - imagine what kind of stonewalling he'll do with these guys. This isn't our government anymore.
I don't know whether I should laugh or cry.
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
