Tuesday, August 30, 2022

The Mar-a-Lago Search Warrant: A Legal Introduction. Update August 29, 2022

"The Federal Bureau of Investigation (FBI) recently executed a search warrant at former President Donald Trump’s Mar-a-Lago property in Palm Beach, Florida. A magistrate judge of the U.S. District Court for the Southern District of Florida later unsealed the warrant at the Department of Justice’s request, which the former President did not oppose. The warrant authorized government officials to seize all “documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation” of three federal statutes—18 U.S.C. §§ 793, 2071, and 1519. In addition to the warrant itself and its attachments, the court unsealed other material related to the search, including the cover sheet to the warrant application, an inventory of property seized, and a redacted version of the affidavit supporting the warrant. Former President Trump filed a separate action asking the court, among other things, to appoint a special master to oversee the government’s handling of the seized material.

This Sidebar describes the process for and implications of obtaining a search warrant. It then examines the criminal offenses identified in the Mar-a-Lago warrant. Finally, this Sidebar analyzes presidential authority to declassify documents and the role of declassification for the crimes at issue..."
Mar-a-Lago Search Warrant 

Wednesday, August 24, 2022

The Mar-a-Lago Search Warrant: A Legal Introduction

"The Federal Bureau of Investigation (FBI) recently executed a search warrant at former President Donald Trump’s Mar-a-Lago property in Palm Beach, Florida. A magistrate judge of the U.S. District Court for the Southern District of Florida later unsealed the warrant at the Department of Justice’s request which the former President did not oppose. The warrant authorized government officials to seize all “documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation” of three federal statutes—18 U.S.C. §§ 793, 2071, and 1519. In addition to the warrant itself and its attachments, the court unsealed other material related to the search, including the cover sheet to the warrant application and an iinventory of property seized. Proceedings are underway to unseal a redacted version of the affidavit supporting the warrant, and former President Trump filed a motion asking the court, among other things, to appoint a special master to oversee the government’s handling of the seized material.

This Sidebar describes the process for and implications of obtaining a search warrant. It then examines the criminal offenses identified in the Mar-a-Lago warrant. Finally, this Sidebar analyzes presidential authority to declassify documents and the role of declassification for the crimes at issue.

Obtaining Search Warrants

The Fourth Amendment protects against “unreasonable searches and seizures.” When law enforcement conducts a search, the Supreme Court has said that the preferred process under the Fourth Amendment is to do so pursuant to a search warrant, although warrantless searches are reasonable in some circumstances. Rule 41 of the Federal Rules of Criminal Procedure and the Fourth Amendment itself establish a number of requirements for obtaining a search warrant.

Pursuant to the Fourth Amendment, a warrant must be based on probable cause, a standard the Supreme Court has described as “incapable of precise definition or quantification into percentages.” Exact formulations vary, but the Supreme Court has characterized the probable-cause standard as “the kind of ‘fair probability’ on which ‘reasonable and prudent’” people act. Probable cause is a higher standard than “reasonable suspicion” but does not require proof that something is “more likely true than false.” To satisfy the probable-cause standard to obtain a search warrant, law enforcement must generally show a likelihood that (1) the materials sought are “seizable by virtue of being connected with criminal activity” and (2) the materials “will be found in the place to be searched.”

Under Rule 41 of the Federal Rules of Criminal Procedure, law enforcement may make the probable cause showing through a written affidavit or, if “reasonable under the circumstances,” by sworn testimony—both of which embody the Fourth Amendment requirement that a warrant must be supported by “oath or affirmation.” Once law enforcement provides the affidavit or testimony to a judge in the correct venue—for example, a federal magistrate judge in the district where the property to be searched is located—that judge “must issue the warrant if there is probable cause to search for and seize” the property.

The Fourth Amendment dictates that the resulting warrant must “particularly describ[e] the place to be searched, and the persons or things to be seized.” Although a purpose of this requirement is to prohibit “general searches” permitting seizure of “one thing under a warrant describing another,” in practice warrants will sometimes use broad terms. For example, in Andresen v. Maryland, the Supreme Court rejected a particularity challenge to a warrant to search for and seize “other fruits, instrumentalities and evidence of crime at this [time] unknown.” The Court concluded that the phrase should be read in conjunction with the particular crime specified in the warrant—specifically in Andresen, a violation of a state false pretenses statute connected to a real estate transaction. In other words, the warrant’s particularity may be limited not only by the description of the materials to be seized but also by the specified crime to which they must pertain..."
Mar-a-Lago Search 

Health, United States 2020-2021 by Topic

"About Health, United States

Health, United States provides a wide array of trends in health statistics to policymakers, public health professionals, and the public. It presents statistics in four overarching areas: health status and determinants, health care utilization, health care resources, and health expenditures and payers.

In addition to presenting key findings from the major data collection systems of the National Center for Health Statistics and other CDC programs, Health, United States uses data from other federal agencies, as well as private and global sources.

Changes Coming to Health, United States, 2020–2021

Health, United States, 2020–2021 is the 44th edition of the congressionally mandated annual reporting on health statistics. Over the years, the Health, United States program has updated how it reports data based on the ways that readers search for, access, and use health statistics. To better meet the needs of today’s readers, Health, United States materials will be published online periodically throughout the year. This change will better align releases with data availability from more than 40 data sources.

The cornerstone of the redesigned Health, United States are the trend tables. These trend tables provide data supporting analyses in topic pages, including key findings, featured charts, and trend analyses on a given health topic. The topic pages also contain links to detailed methodology available on a new Sources & Definitions page. Trend tables are indexed through the searchable Data Finder.

Annual Report

Health United States factsheet

NCHS Fact Sheet on Health, United States

Starting with the 2020–2021 edition, a brief annual report—the Health, United States Annual Perspective—will integrate selected analyses from the Health, United States topics released online. This report is submitted on behalf of the Secretary of the Department of Health and Human Services to the President and Congress in compliance with Section 308 of the Public Health Service Act.

Each Annual Perspective explores a theme across multiple indicators and data sources, and the theme for the 44th edition is health disparities. Health, United States reports prior to the redesigned 2020–2021 edition are available from the Previous Reports page..."
Health, United States, 2020-2021
 

Monday, August 22, 2022

At-Home COVID-19 Antigen Tests-Take Steps to Reduce Your Risk of False Negative:


"The U.S. Food and Drug Administration (FDA) is advising people to perform repeat, or
serial, testing following a negative result on any at-home COVID-19 antigen test, to reduce the risk an infection may be missed (false negative result) and to help prevent people from unknowingly spreading the SARS-CoV-2 virus to others. The FDA recommends repeat testing following a negative result whether or not you have COVID-19 symptoms.

At-home COVID-19 antigen tests detect proteins, called antigens, from the SARS-CoV-2, the virus that causes COVID-19. At-home COVID-19 antigen tests are less likely to detect the SARS-CoV-2 virus than molecular tests, such as polymerase chain reaction (PCR) tests. This is especially true early in an infection or in people who do not have COVID-19 symptoms. Currently, all at-home COVID-19 antigen tests are FDA-authorized for repeat, or serial use. This means people should use multiple tests over a certain time period, such as 2-3 days, especially when the people using the tests don't have COVID-19 symptoms. Today, the FDA is highlighting the continued need for repeat, or serial testing when people get a negative result with an at-home COVID-19 antigen test, including recommending additional testing over a longer period of time..."
At-Home COVI-19 Tests 

Epilepsy at School

"Use these tips to make sure your child with epilepsy gets the care and support they need during the school day.

Parents often feel a mix of excitement and worry as a new school year begins. “Back to school” time has been even more challenging the last few years.

Parents of students with epilepsy and seizures often have extra concerns about school staff or others caring for their child if they have a seizure during the school day. As your child with epilepsy returns to school, use these tips to ensure they get the care and support they need in school.

1. Make a Seizure Action Plan.

A Seizure Action Plan contains the essential information school staff may need to help a student who has seizures. It includes first aid steps, parent and health care provider contact information, and medicines that may be needed during the school day. See an example of a Seizure Action Plan from the Epilepsy Foundation.

2. Help school staff get trained.

CDC partners with the Epilepsy Foundation to deliver free training programs to school staff. Talk to your child’s school to see if school personnel can participate in these programs.

  • Managing Students with Seizures for School Nurses teaches school nurses how to care for students with seizures and train other school staff. It’s available online, on demand with continuing education credits available.
  • Seizure Training for School Personnel teaches school staff (teachers, office staff, bus drivers, and others) to recognize seizures, provide first aid, and understand how epilepsy may affect a student. It’s available online, on demand.

The Epilepsy Foundation also offers a free, online Seizure Recognition and First Aid Certification program that anyone can take to learn how to recognize a seizure, how to provide first aid, and when to call for help. This program is helpful for families, friends, caregivers, and others your child may interact with before and after the school day..."
Epilepsy 

Indo-Pacific Stragety of the United States

"THE INDO-PACIFIC’S PROMISE

The United States is an Indo-Pacific power. The region, stretching from our Pacific coastline to the Indian Ocean, is home to more than half of the world’s people, nearly two-thirds of the world’s economy, and seven of the world’s largest militaries. More members of the U.S. military are based in the region than in any other outside the United States. It supports more than three million American jobs and is the source of nearly $900 billion in foreign direct investment in the United States. In the years ahead, as the region drives as much as two-thirds of global economic growth, its influence will only grow—as will its importance to the United States..."
Info_Pacific 

Tuesday, August 16, 2022

Constitutional Limits on States’ Power over Foreign Affairs

"The Constitution gives the federal government the primary power to manage the United States’ foreign relations. Article I, Section 10 prohibits states from engaging in a set of activities that implicate international affairs, while the Supremacy Clause, Foreign Commerce Clause, and other constitutional provisions place key elements of this power with the federal government. Interpreting these provisions, the Supreme Court has described the United States’ foreign affairs power not only as superior to the states but residing exclusively in the national government. With respect to foreign relations, the Supreme Court said that “state lines disappear” and the “purpose of the State ... does not exist.”

Despite this sweeping language, states and other subnational entities (e.g., cities and counties) play a more prominent role in international relations than may be generally recognized. States have offices overseas and send trade and diplomatic delegations to foreign countries. They have imposed economicsanctions for human rights abuses and military aggression—most recently on Russia for invading Ukraine. States regularly enter into written pacts with foreign governments on issues ranging from trade to the environment to tourism.  Some of these international pacts address potentially sensitive subjects, such as border security with Mexico and technology transfers with the People’s Republic of China (PRC). A recent rise in pacts with PRC-based bodies led U.S. intelligence officials to warn state and local governments about PRC efforts to exploit its relationships with subnational governments to promote its geopolitical interests in the United States.

The Supreme Court has held that the Constitution constrains states’ ability to act on the global stage, but much of the state-driven international activity is not publicized or presented to Congress. Because Congress may have an interest in optimizing and overseeing states’ actions in this area, this Sidebar discusses constitutional limits on states’ role in international affairs and potential avenues for congressional involvement..."
States and Foreign Affairs 

Monday, August 15, 2022

Climate Liability Suits: Is There a Path to Federal Court?

"Many of the most prominent court cases related to climate change in recent years have been decided by federal courts, including the Supreme Court, based on federal law. A growing number of cases, however, allege state-law claims against fossil fuel companies in state courts. A key issue that has emerged early in that litigation is whether those state courts will ultimately consider liability related to climate change, or whether federal courts should instead assume responsibility for those claims.

On July 7, 2022, in City and County of Honolulu v. Sunoco LP, the United States Court of Appeals for the Ninth Circuit affirmed an order from a federal trial court returning a climate change lawsuit to Hawaii state court, where it was filed initially. The case was the fifth federal appeals court case to consider whether federal courts should hear state-law climate lawsuits since the Supreme Court’s 2021 decision in BP p.l.c. v. Mayor and City Council of Baltimore. The Supreme Court in BP directed federal appeals courts to entertain a broader scope of arguments from the fossil fuel industry that climate liability suits belong in federal court—not state court.

Since BP, the First, Fourth, Ninth, and Tenth Circuits have considered appeals from the fossil fuel industry arguing that state-law climate lawsuits should be heard in federal court. Each court of appeals sent each case back to state court, frustrating defendants’ attempts to secure a federal forum. This Legal Sidebar provides analysis of legal issues related to removal of climate liability suits and considerations for Congress.

Climate Change Liability Lawsuits 

 Beginning in earnest in 2018, states and local governments began suing fossil fuel companies for damages caused by climate change, raising claims under state law in state court. The plaintiffs in these suits allege that climate change caused them to suffer eroding shorelines, damage to infrastructure, and public-health impacts due to increased frequency and severity of heatwaves, floods, and other extreme weather events. To address these alleged harms, the plaintiffs raised legal theories that traditionally have been the domain of state law, such as claims of public and private nuisance, trespass, and violations of consumer protection laws that ban deceptive trade practices for failing to warn about the potential harms of producing and using fossil fuel products. They have avoided claims that would generally implicate questions of federal law, such as whether the defendants are required to reduce their fossil fuel production or greenhouse gas emissions.

The defendant companies have tried, so far unsuccessfully, to remove a number of these cases from state court to federal court, seeking what they expect will be a friendlier forum. In support of their efforts to remove these cases, the defendants contend that even if the plaintiffs invoke state law for their causes of action, any decision in the plaintiffs’ favor will have the effect of regulating interstate greenhouse gas emissions—an area the defendants argue is reserved exclusively for federal jurisdiction. In addition, the defendant companies argue, any damages incurred by the plaintiffs are the result of aggregate emissions of greenhouse gases globally and over many decades. Thus, because the plaintiffs’ claims necessarily implicate interstate and international emissions, the claims must be heard in federal court..."
Climate Liability Suits 

The Protection of Classified Information: The Legal Framework

"Summary

This report provides an overview of the relationship between executive and legislative authority over national security information. It summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report discusses insider risk management measures..

Background

Prior to the New Deal, decisions regarding classification of national security information were left to military regulation.1 In 1940, President Franklin Roosevelt issued an executive order authorizing government officials to protect information pertaining to military and naval installations.2 Presidents since that time have continued to set the federal government’s classification standards by executive order, but with one critical difference: while President Roosevelt cited specific statutory authority for his action,3 later Presidents have cited general statutory and constitutional authority.4

The Supreme Court has never directly addressed the extent to which Congress may constrain the executive branch’s power in this area. Citing the President’s constitutional role as Commanderin-Chief,5 the Supreme Court has repeatedly stated in dicta that “[the President’s] authority to classify and control access to information bearing on national security ... flows primarily from this Constitutional investment of power in the President and exists quite apart from any explicit congressional grant.” 6 This language has been interpreted by some to indicate that the President has plenary authority to control classified information.7 On the other hand, the Supreme Court has suggested that “Congress could certainly [provide] that the Executive Branch adopt new [classification procedures] or [establish] its own procedures—subject only to whatever limitations the Executive Privilege may be held to impose on such congressional ordering.” 8 In fact,Congress established a separate regime in the Atomic Energy Act for the protection of nuclearrelated “Restricted Data.” 9

Congress has also directed the President to establish procedures governing the access to classified material so that generally no person can gain such access without having undergone a background check.10 In addition, Congress directed the President, in formulating the classification procedures, to adhere to certain minimum standards of due process with regard to access to classified information.11 These standards include establishing uniform procedures for, inter alia, background checks, denial of access to classified information, and notice of such denial.12 There is an exception to the due process requirements, however, where compliance could damage national security, although the statute directs agency heads to submit a report to the congressional intelligence committees in such a case..."
Classified Information 

The Carbon Cycle: Key Component of the Climate System, with Implications for Policy

"Large quantities of carbon are actively exchanged between the atmosphere and the other carbon storage pools, including the oceans, vegetation, and soils on the land surface. The exchange, or flux, of carbon among the atmosphere, oceans, and land surface is called the global carbon cycle. Comparatively, human activities contribute a relatively small amount of carbon, primarily to atmospheric carbon dioxide (CO2), to the entire global carbon cycle. Despite this relatively small contribution to the atmospheric carbon, the resulting perturbation to the carbon cycle is increasingly recognized as a main factor driving climate change over the past 50 years.

If humans add only a small amount of CO2 to the atmosphere each year, why is that contribution important to climate change? The answer is that some of the CO2 released to the atmosphere by human activities is not transferred to oceans, vegetation, and soils quickly enough to prevent CO2 concentrations in the atmosphere from increasing over time. Human activities are transferring fossil carbon—which took millions of years to accumulate—from a large, long-term carbon storage pool into the atmosphere over a relatively short time span, thereby affecting the global carbon cycle. As a result, the atmosphere contains approximately 46% more CO2 today than prior to the beginning of the Industrial Revolution. As the CO2 concentration of the atmosphere increases, the degree to which the atmosphere traps incoming radiation from the sun increases, which in turn contributes to further warming of the planet.

The increase in atmospheric CO2 concentration is mitigated to some extent by two relatively large (as compared to the atmosphere) reservoirs of carbon—the global oceans and the land surface. The global oceans and the land surface are considered net sinks for carbon because they currently take up more carbon than they release. Most of the total global carbon sink is referred to as the unmanaged, or background, carbon cycle. Very little carbon is removed from the atmosphere and stored or sequestered, by deliberate action (e.g., carbon capture and sequestration). If the oceans, vegetation, and soils did not act as sinks, then the concentration of CO2 in the atmosphere would increase even more rapidly than has been observed..."
Carbon Cycle 

Last-Minute Travelers

"If you are a last-minute business traveler, returning to your home country for a family emergency, or traveling internationally on short notice for another reason, you can still plan for safe and healthy travel.

Pretravel Checklist

Even if you are leaving soon, there are steps you can take to prepare for a safe and healthy trip.

Talk to your doctor about vaccines and medicines

If you are short on time, some vaccines can be administered on an accelerated schedule, meaning doses are given in a shorter period of time.

You may also want to get at least the first dose of certain vaccines that usually require multiple doses so you get some protection before your trip. These include hepatitis A, Japanese encephalitis, and rabies vaccines.

Yellow Fever Vaccination

Some countries require, proof of yellow fever vaccination before entering the country. This proof is usually a signed and stamped International Certificate of Vaccination or Prophylaxis (ICVP) card that you receive after you get the vaccine. Your proof of vaccination is not valid until 10 days after you get the vaccine because of the time it takes for your body to build protection. If your destination requires proof of yellow fever vaccination and you are not able to get the vaccine 10 days before travel, you may need to change your travel plans.

Malaria Prevention

If there is a risk of malaria at your destination, your healthcare provider may prescribe medicine to prevent malaria. Be sure to let your healthcare provider know when you are leaving, so they can prescribe the right amount of medicine for you. Some malaria medications must be started 1-2 weeks before you go, while others only need to be started 1-2 days before you travel. You will still need to take steps to prevent mosquito bites during travel, since malaria drugs are not 100% effective and they don’t protect against other diseases spread by mosquitoes (like Zika, dengue, and chikungunya)..."
Travelers 

CBD: What You Need to Know

"CBD: What You Need to Know


Cannabidiol (CBD) is a compound found in marijuana. CBD is not impairing, meaning it does not cause a “high.”1

CBD can be derived from hemp or from non-hemp plants. Hemp is defined as any part of the cannabis sativa plant with no more than 0.3% of tetrahydrocannabinol (THC), the mind-altering substance in marijuana.

CBD Use in the United States

In 2018, the U.S. Congress passed and signed into law the Agriculture Improvement Act. This law removed hemp from the federal Controlled Substances Act, effectively legalizing CBD if it comes from hemp.2 However, a few states have not removed hemp from their state’s controlled substances acts, so legality of CBD products differs across states.

CBD is marketed in many consumer products:

  • Foods
  • Oils
  • Lotions
  • Capsules
  • Cosmetics

How Can CBD Affect Your Health?

Is CBD a medicine?

Scientists are still learning about how CBD affects the body. The U.S. Food and Drug Administration (FDA)  approved Epidiolex, a medicine that contains purified CBD from hemp, to help treat rare seizure disorders. The FDA has concluded that this drug is safe and effective for this intended use. However, other marketed products and uses of CBD may not be FDA approved.

Potential harms and side effects

Using CBD products is not risk free. The FDA has limited data on CBD safety. Please consider these possible side effects and risks before using CBD:3

  • Liver damage
  • Interference with other drugs you are taking, which may lead to injury or serious side effects
  • Drowsiness or sleepiness
  • Diarrhea or changes in appetite
  • Changes in mood, such as irritability.."
    CBD
     

Friday, August 12, 2022

Estimates Will Help Fill in Crime Statistics Gap

"When the annual Crime in the United States (CIUS), 2021 data is released this fall, it will look different from previous releases. CIUS 2021 will only represent state-level data and federal data reported by law enforcement. In conjunction with CIUS, the FBI will release a trend study that will look at a year-over-year change in violent crime and property crime.

The reason for the change is that not every law enforcement agency in the U.S. has successfully moved to the National Incident-Based Reporting System (NIBRS) for reporting their crime data to the FBI. With support from the FBI, some agencies have been reporting crime statistics via NIBRS for more than 20 years. After the CJIS Advisory Policy Board adopted the recommendation in 2015 to retire the traditional Summary Reporting System and transition to the more comprehensive NIBRS by January 2021, more agencies made the switch to NIBRS reporting. Every state is now NIBRS compliant and can accept NIBRS data. A few major cities, however, are still working on the transition.

Crime estimates will fill in the gaps where data is not available this year. Estimation has been associated with the release for more than 50 years. This year, FBI data experts will use robust estimation tools, developed in collaboration with the Department of Justice's Bureau of Justice Statistics, to create the most accurate crime estimates possible during this transition period..."

Crime Satistics 

Thursday, August 11, 2022

Presidential Records Management: Preservation and Disposal

"Presidential records provide an essential window into many of the most consequential actions and decisions of the American government. The Presidential Records Act (PRA; 44 U.S.C. §§2201-2209) sets forth requirements regarding the maintenance, access, and preservation of presidential and vice presidential information during and after a presidency.

The PRA provides records maintenance requirements and permissions that vary depending on whether a presidency is in progress or has concluded. These matters may be of particular interest to Congress as it carries out its oversight activities and ensures presidential records are effectively collected and controlled during and after a presidency.

This In Focus provides information on what constitutes a presidential record; the roles and responsibilities the PRA assigns to the President, National Archives and Records Administration (NARA), and Department of Justice (DOJ); and the PRA’s application to the preservation and disposal of presidential records during and after a presidency. It includes information on NARA’s ability to request a DOJ investigation.

For more information about the PRA generally, see CRS Report R46129, The Presidential Records Act: An Overview, by Meghan M. Stuessy.

What Are Presidential Records?

The PRA governs the collection and retention of records created or received by the President, immediate presidential staff, and certain units or individuals within the Executive Office of the President. Presidential records include, among other types of information, documentary materials relating to certain political activities as well as information that relates to the constitutional, statutory, or other official or ceremonial duties of the President. Presidential records are the property of the United States and are not considered the private property of the President (44 U.S.C. §2202). However, not all materials created by the President or presidential advisors are considered records.."
Presidential Records Management 

Monday, August 8, 2022

Food and Nutrition Insecurity and Diabetes:

"Millions of people across America have problems accessing enough food or enough healthy food—known as food and nutrition insecurity. This can increase the risk for type 2 diabetes and affect how people with diabetes manage their health. Learn how food and nutrition insecurity can increase the risk of type 2 diabetes and affect diabetes management.  

Healthy eating is an important part of managing blood sugar levels and can help prevent type 2 diabetes. But nutritious foods can be expensive. For people who already have diabetes, buying healthy foods can compete with health care expenses for medicines, devices, and supplies.

What Is Food and Nutrition Insecurity?

Food and nutrition insecurity is a term to describe when someone is unable to access or afford enough food or enough nutritious food for their overall health and well-being. Food and nutrition insecurity doesn’t always mean that someone goes without food; it can mean that they’re not getting the healthiest kind of food. This can be because nutritious foods may be hard to find in some communities or because they can be too expensive for many to afford. And this problem is seen among many people who live with health conditions like diabetes.

What Causes Food and Nutrition Insecurity?

The causes of food and nutrition insecurity are complicated. Most food and nutrition insecurity problems are related to social determinants of health, such as:

  • Low income or unemployment.
  • Lack of access to nutritious foods.
  • Lack of affordable housing.
  • Lack of access to health care.

These causes make it hard to solve food and nutrition insecurity. The good news is that there are many programs at the national, state, and local levels that can provide food assistance..."
Food insecurity 

Wednesday, August 3, 2022

Drought and Your Health

"Drought is a prolonged period of dry weather caused by lack of rainfall, resulting in water shortage. Periods of drought can result in inadequate water supply and can lead to public health problems. Take action and learn how drought can impact your health and the health of your family.

Overview

Cycles of drought have affected North America for the last 10,000 years. Droughts can last from a single season to many decades and can affect from a few hundred to millions of square miles. With our climate continuing to change, historically dry areas of the U.S. are likely to experience an increased risk of drought.

Drought can affect areas or communities differently depending on several additional variables. These variables include:

  • the structure and capacity of existing water systems,
  • local governance of water use,
  • urban vs. rural land use,
  • economic development,
  • the at-risk populations living in the affected area, and
  • other societal factors, such as the presence of local social networks.

Public Health Implications

Severe drought conditions can negatively affect air quality. During drought, there is an increased risk for wildfires and dust storms. Particulate matter suspended in the air from these events can irritate the bronchial passages and lungs. This can make chronic respiratory illnesses worse and increase the risk for respiratory infections like bronchitis and pneumonia.

The health implications of drought are numerous and far reaching. Some drought-related health effects are experienced in the short-term and can be directly observed and measured. However, the slow rise or chronic nature of drought can result in longer term, indirect health implications that are not always easy to anticipate or monitor.."
Drought 

Healthy Eating Tips

"It’s easy to feel bombarded by the latest healthy eating trend or buzzworthy ingredient. But good nutrition is really about consistently choosing healthy foods and beverages. With healthy eating patterns, it’s possible to enjoy food and beverages that reflect your preferences, cultural traditions, and budgetary considerations.

Healthy eating emphasizes fruits, vegetables, whole grains, dairy, and protein. Dairy recommendations include low-fat or fat-free milk, lactose-free milk, and fortified soy beverages. Other plant-based beverages do not have the same nutritional properties as animal’s milk and soy beverages. Protein recommendations include seafood, lean meats and poultry, eggs, legumes (beans, peas, and lentils), soy products, nuts, and seeds.

Most people in the United States need to adjust their eating patterns to increase their intake of dietary fiber, calcium, vitamin D, and potassium, according to the Dietary Guidelines for Americans, 2020–2025[PDF-30.6MB]. At the same time, we need to consume less added sugar, saturated fat, and sodium. Here are some ways to get started.

Bump Up Fiber

Fiber helps maintain digestive health and helps us feel fuller longer. Fiber also helps control blood sugar and lowers cholesterol levels. Fresh fruits and vegetables, whole grains, legumes, nuts, and seeds are good sources of fiber. 

To bump up fiber, try this:

  • Slice up raw vegetables to use as quick snacks. Storing celery and carrots in water in the refrigerator will keep them crisp longer.
  • Start your day off with a whole grain cereal like oatmeal or food made with bulgur or teff. For even more fiber, top your cereal with berries, pumpkin seeds, or almonds.
  • Add half a cup of beans or lentils to your salad to add fiber, texture, and flavor.
  • Enjoy whole fruit—maybe a pear, apple, melon slice or passion fruit—with a meal or as dessert..."
    Healthy Eating
     

Tuesday, August 2, 2022

The Vacancies Act: A Legal Overview

"The Federal Vacancies Reform Act of 1998 (Vacancies Act) generally provides the exclusive means by which a government employee may temporarily perform the functions and duties of a vacant advice-and-consent position in an executive agency. Unless an acting officer is serving in compliance with the Vacancies Act, any attempt to perform the functions and duties of that office will have no force or effect.

The Vacancies Act limits a government employee’s ability to serve as an acting officer in two primary ways. First, the Vacancies Act provides that only three classes of people may serve temporarily in an advice-and-consent position. As a default rule, the first assistant to a position automatically becomes the acting officer. Alternatively, the President may direct either a senior official of the agency or a person serving in any other advice-and-consent position to serve as the acting officer. Second, the Vacancies Act limits the length of time a person may serve as acting officer: a person may serve either (1) for a limited time period running from the date that the vacancy occurred or (2) during the pendency of a nomination to that office, with some extensions if the nomination is rejected, withdrawn, or returned. The Vacancies Act is primarily enforced when a person who has been injured by an agency’s action challenges the action based on the theory that it was taken in contravention of the Act.

There are, however, a few key limitations on the scope of the Vacancies Act. The Vacancies Act has largely been interpreted to govern the ability of a person to perform only those functions and duties of an office that are nondelegable. Unless a statute or regulation expressly specifies that a duty must be performed by the absent officer, that duty may likely be delegated to another government employee. In other words, under this interpretation, delegable job responsibilities are outside the purview of the Vacancies Act. In addition, if another statute expressly authorizes acting service, that other statute may render the Vacancies Act nonexclusive, or possibly even inapplicable.

This report first describes the Vacancies Act’s scope and operation, identifying when the Vacancies Act applies to a given office and which offices are exempt from its provisions. The report then explains who may serve as an acting officer and for how long, focusing on the limitations the Vacancies Act places on acting service. Next, the report discusses the Vacancies Act’s enforcement mechanisms. Finally, the report turns to evolving legal issues regarding the application of the Vacancies Act, including a discussion of how other federal laws may limit the Act’s reach. Specifically, the report concludes by examining the interaction of the Vacancies Act with agency-specific statutes, the ability to delegate the duties of a vacant office, and constitutional considerations.."
Vacancies

2021 TRI Preliminary Dataset

"The 2021 Toxics Release Inventory (TRI) preliminary dataset contains data about chemical releases, waste management and pollution prevention activities that took place during 2021 at more than 20,000 federal and industrial facilities across the country.

The TRI preliminary dataset is available each July through September, giving the public access to the most recent TRI information, prior to EPA finalizing the National Analysis dataset in October. EPA publishes the National Analysis report, based on the October dataset, early the following calendar year. The data are available below.

 Introduction

 The 2021 TRI preliminary dataset consists of TRI data for calendar year 2021. Users should note that while these preliminary data have undergone the basic data quality checks included in the online TRI reporting software, they have not undergone the complete TRI data quality process. In addition, EPA does not aggregate or summarize these data, or offer any analysis or interpretation of them.

You can use the TRI preliminary dataset to:

  • Identify how many TRI facilities operate in a certain geographic area (for example, a ZIP code), 
  • Identify which chemicals are being managed by TRI facilities and in what quantities, and
  • Find out if a particular facility initiated any pollution prevention activities in the most recent calendar year.

EPA will update the dataset several times in August and September based on information from facilities. EPA plans to publish the quality-checked 2021 dataset in October 2022..."
Toxics Release Inventory