Court Rejects Recess Appointments to Labor Board

A federal appeals court ruled on Friday that President Obama violated the Constitution when he made three recess appointments to the National Labor Relations Board last January.

The three-judge panel of the United States Court of Appeals for the District of Columbia Circuit held that Mr. Obama did not have the power to bypass the Senate and make the appointments.

The Obama administration has repeatedly asserted that the appointments to the N.L.R.B. were legitimate because he made them when the Senate was away during a 20-day holiday recess a year ago. The appeals court strongly disagreed, ruling that the Senate was technically in session because it was gaveled in and out every few days as part of a tactic that created “pro forma” sessions.

Both Republican and Democratic lawmakers have used the tactic of “pro forma” session to block presidents from making recess appointments.

The court’s decision also raises doubts about the legitimacy of Mr. Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau.

Mr. Cordray’s appointment, which is being challenged in a separate lawsuit, was also made last January under the same recess circumstances. On Thursday, Mr. Obama announced he was again nominating Mr. Cordray to that position, voicing hope that Senate Republicans would not block confirmation this time, as they did with the previous nomination of Mr. Cordray.

The White House criticized Friday’s ruling, saying it would severely weaken the president’s ability to make recess appointments when Republicans have threatened filibusters to block many of his nominations.

“The decision is novel and unprecedented, and it contradicts 150 years of practice by Democratic and Republican administrations,” Jay Carney, the White House press secretary, said at the daily press briefing. “We respectfully but strongly disagree with the ruling.”

Mitch McConnell, the Senate Republican leader, applauded the ruling, saying the court “reaffirmed that the Constitution is not an inconvenience, but the law of the land.” He added that letting “the president decide when the Senate is in recess would demolish the checks and balances” in the advise-and-consent process.

Mr. McConnell and 41 other Republican senators had filed an amicus brief in the case, challenging the validity of the appointments.

Many Republicans and business associations have derided the labor board under Mr. Obama, saying it has become a tool of organized labor. But many Democrats and labor unions have responded that Mr. Obama’s appointments had merely restored ideological balance to the board after it had favored business interests under President George W. Bush.

The Obama administration is likely to appeal Friday’s ruling to the United States Supreme Court.

But if the ruling is upheld, it would invalidate scores of decisions that the labor board has made since last January.

The board would be left with just one validly appointed member — its chairman, Mark Gaston Pearce — who was confirmed by the Senate. Under a 2010 Supreme Court decision, the labor board, which has five seats, is authorized to issue decisions only when it has three or more sitting members.

On Jan. 4, 2012, Obama made the three recess appointments to the labor board. They were two Democrats — Deputy Labor Secretary Sharon Block; Richard Griffin, general counsel to the operating engineers union — and one Republican, Terence Flynn, a counsel to an N.L.R.B. member. Mr. Flynn resigned from the board last May after he was accused of leaking materials about the N.L.R.B.'s internal deliberations.

The three federal judges who issued Friday’s ruling were all Republican appointees. The decision was written by David B. Sentelle, an appointee of President Ronald Reagan who is chief judge of the federal appellate court in Washington, D.C.

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Microsoft profit dips on lower Xbox holiday sales

SEATTLE (Reuters) – Microsoft Corp reported a dip in fiscal second-quarter profit on Thursday, as weaker sales of its Xbox game system in the holiday quarter offset a solid start for its new Windows 8 operating system.

The world’s largest software company reported profit of $ 6.4 billion, or 76 cents per share, compared to $ 6.6 billion, or 78 cents per share, in the year-ago quarter.

Overall sales rose 3 percent to $ 21.5 billion.

(Reporting by Bill Rigby; Editing by Richard Chang)

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Formally Lifting a Combat Ban, Military Chiefs Stress Equal Opportunity

WASHINGTON — Defense Secretary Leon E. Panetta and Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff, on Thursday formally lifted the military’s ban on women in combat, saying that not every woman would become a combat soldier but that every woman deserved the chance to try.

They said that the new policy was in many ways an affirmation of what was already occurring on the battlefield, where women have found themselves in combat over the past decade of war in Iraq and Afghanistan, and that it was essential that the military offer fully equal opportunities to both women and men.

“They’re fighting and dying together, and the time has come for our policies to reflect that reality,” Mr. Panetta said at a packed Pentagon news conference.

General Dempsey, like Mr. Panetta, said that his views had evolved as he came into contact with women in Iraq and Afghanistan. When he first got to Baghdad in 2003 as a division commander, he said, he got into a Humvee for his first trip out of his base.

“I asked the driver, you know, who he was and where he was from, and I slapped the turret gunner on the leg, and I said, ‘Who are you?'” General Dempsey recalled. “And she leaned down and said, ‘I’m Amanda.’ And I said, ‘Oh, O.K. So a female turret gunner is protecting a division commander.'”

Mr. Panetta and General Dempsey said they had worked together on lifting the ban for more than a year and had regularly briefed President Obama on developments. They described him as highly supportive of the decision but not intimately involved in the process.

In December, Pentagon officials said, Mr. Panetta and the Joint Chiefs reached a tentative agreement that women should be permitted in combat. Mr. Panetta thought about it over the holidays and returned early this month to receive a letter dated Jan. 9 from General Dempsey strongly recommending the change.

In the most vocal official opposition to the changes, Senator James M. Inhofe of Oklahoma, who is set to become the senior Republican on the Armed Services Committee, warned that some in Congress may seek legislation to limit the combat jobs open to women.

“I want everyone to know that the Senate Armed Services Committee, of which I am the ranking member, will have a period to provide oversight and review,” Mr. Inhofe said in a statement. “During that time, if necessary, we will be able to introduce legislation to stop any changes we believe to be detrimental to our fighting forces and their capabilities. I suspect there will be cases where legislation becomes necessary.”

Pentagon officials said that the different services would have until May 15 to submit their plans for carrying out the new policy, but that the military wanted to move as quickly as possible to open up combat positions to women. Military officials said that there were more than 200,000 jobs now potentially open to women in specialties like infantry, armor, artillery and elite Special Operations commando units like the Navy SEALs and Army Rangers.

If a service determines that a specialty should not be open to women, Pentagon officials said that representatives of the service would have to make the case to the defense secretary by January 2016.

Officials said repeatedly that they would not lower the physical standards for women in rigorous combat jobs like the infantry, but they said they would review standards for all the military specialties in coming months and potentially change them to keep up with, for example, advances in equipment and weaponry. Marine officials also said they might change the initial physical standards that recruits have to meet before they are sent off to boot camp.

At a Pentagon briefing about the changes, reporters asked several times about two women who entered the Marines’ brutal Infantry Officer Course in Quantico, Va., last year as an experiment, since neither at the time would have been allowed to serve in the infantry. One woman dropped out on the first day, and the other withdrew later because of physical ailments, including stress fractures. Many men fail the course as well. Marine officials said they were determined to open up jobs to women as long as they qualified for them.

Pentagon officials and military officers said it remained unclear how many women would apply to join the elite commando and counterterrorism forces, and some of those combat jobs might be among any that are proposed for exclusion. A high percentage of men fail to make the cut for those units, which include the Army Rangers and the Green Berets, and Navy SEAL teams.

Army leaders said an important initiative would be to create a cohort of female officers and noncommissioned officers who could provide leadership in combat units that would be accepting female soldiers for the first time. Policies may have to change to allow those officers to move from one military specialty to another.

The Army has also conducted studies on the psychological, cultural and social aspects of integrating women into units that have long been a male-only domain. Those studies are expected to guide how the ground forces alter their base housing, training and deployment infrastructure.

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Te'o tells Couric 'pain' and 'sorrow' was real

NEW YORK (AP) — Manti Te'o told Katie Couric the feelings he had for what turned out to be a fake, online girlfriend were real and reiterated he had nothing to do with the hoax.

The All-American linebacker said he was truly sorrowful and pained after finding out the woman he knew as Lennay Kekua died in September.

Te'o's once-heartwarming tale of inspired play after the deaths of his grandmother and girlfriend on the same day in September was exposed as a bizarre hoax on Jan. 16. Deadspin.com broke the news that the woman Te'o had claimed to be in love with did not exist.

Te'o, who led Notre Dame to a spot in the national championship, has admitted that when his girlfriend's "death" became a story, he misled reporters into thinking he had met her in the flesh.

The star player recounted the whole, strange episode in an interview with Couric that was broadcast Thursday.

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Question Mark: Why Am I Making So Many Pit Stops?

There are those who have suggested that this feature appears to take an unseemly delight in the decline of the human body: ears that don't hear as well, spines that compress and curve, nose sensors that fade. And did we mention those hairs that start growing out of places other than the head? So we are happy to report on one thing baby boomers may find they do as well as well as ever: urinating. In fact, not only are they still doing it, they may well be doing it more often than ever. A lot more often.

Herman Wouters

Older men may feel more affinity for this  famous fountain in Brussels than they'd like.

Um, wait a minute. It turns out this may be another one of those decline-of-the-human body pieces. Because for many people, their bedtime routine may now consist of reading, a strategic dash to the bathroom right before lights out, and a plea to Neptune to hold back the waters so they will make it through the night without having to get up.

Even if they do manage to do that, they may feel chagrined if they are parents and see their children roll out of bed, eat breakfast and head off to school without making a single pit stop. Your children may not be better people. But they may have better kidneys, said Dr. Sharon A. Brangman, a professor of medicine at SUNY Upstate Medical University.

People may urinate more as they get older for a number of reasons, including medical problems like hypertension or diabetes. It may also be a symptom of infection. “That’s often the first thing we look at when people complain of frequent urination,” said Dr. Tomas Griebling, vice chairman of urology at the University of Kansas and a spokesman for the American Urological Association. Some medicines can also be the cause.

Getting older, Dr. Griebling said, does not necessarily mean more trips to the bathroom. But many people do notice that they have to go more often, and often the explanation lies with normal changes in the body.

As people age, their kidneys may become less adept at concentrating urine and may draw in more water from elsewhere in the body, said Dr. Brangman, a past president of the American Geriatrics Society. This means more urine is produced and sent on to the bladder which, as it happens, is not getting any younger, either, and may be losing some storage capacity. The urethra, through which the urine exits the body, may also be shortening and its lining thinning.

Adding to the problem is that as people age, their bodies produce less of a hormone, aldosterone, that lets them retain fluid. In women, estrogen levels also drop, a change associated with increased urination. And in men, as the prostate gets bigger, it may become harder to urinate, or to do so completely. (Men and women may also develop some incontinence, especially common in women who have borne children.)

Increased urination knows no time of day, but people seem to notice it more at night. The National Sleep Foundation says that when it surveyed people ages 55 to 84, two-thirds reported losing sleep at least a few times a week because of the problem.

Questions about aging? E-mail boomerwhy@nytimes.com

Booming: Living Through the Middle Ages offers news and commentary about baby boomers, anchored by Michael Winerip. You can follow Booming via RSS here or visit nytimes.com/booming. You can reach us by e-mail at booming@nytimes.com.

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City Officials Push Pension Funds to Divest From Gun Makers

Fresh from persuading a $5 billion pension fund in Chicago to divest from companies that make firearms, the city’s mayor, Rahm Emanuel, on Thursday urged the chief executives of two major banks to stop financing companies “that profit from gun violence.”

Mr. Emanuel sent letters to TD Bank, which provides a $60 million credit line to Smith & Wesson, and to Bank of America, which provides a $25 million line to Sturm, Ruger & Company, asking the C.E.O.’s to push the companies to “find common ground with the vast majority of Americans who support a military weapons and ammunition ban.”

Mr. Emanuel’s effort to enlist banks in the gun control campaign is just one example of a new willingness by a public official, galvanized by last month’s carnage in Newtown, Conn., to wield the power of the purse.

New York State’s big public pension fund and California’s fund for teachers have already frozen or divested their gun holdings, and California’s fund for other public workers, known as Calpers, is expected to take up the issue in February. New York City’s public advocate has put pressure on banks and investment firms by ranking their gun holdings by size and calling those with the 12 biggest stakes the Dirty Dozen.

“Elected leaders understand that this is a tool of government with huge ramifications,” said the public advocate, Bill de Blasio, who is a trustee of the city’s $45 billion pension fund. “What happened in Newtown sort of crystallized this.”

In Philadelphia, Mayor Michael A. Nutter has prepared a wide-ranging set of principles that companies would have to adopt before receiving city pension money. He calls them the Sandy Hook Principles, after the Newtown elementary school where a gunman killed 20 children and six adults with an assault-style weapon on Dec. 14. They are modeled on the approach the city took more than a decade ago to put pressure on companies doing business in South Africa under apartheid.

Mr. Nutter, who is also the president of the United States Conference of Mayors, said he hoped the approach would spread to other cities. First, however, he must persuade Philadelphia’s pension trustees to adopt the principles. That may be a struggle. Several unions have representatives on the city’s pension board, and they are already battling with the mayor over concessionary contract negotiations.

How successful Mr. Emanuel, himself a one-time investment banker, will be with bank executives is also uncertain. He cannot make them sever business relationships. He told the Bank of America chief, Brian T. Moynihan, and the TD Bank chief, Bharat B. Masrani, that the trustees of Chicago’s main pension fund had just voted to unload more than $1 million worth of gun stocks, and said it was time for the bankers to get on board. “We can no longer wait,” he wrote.

A spokesman for Bank of America declined to comment on Mr. Emanuel’s letter. A spokeswoman for TD Bank said she had not yet seen the letter and could not comment on it.

Mr. de Blasio said he had already seen results from his Dirty Dozen list, a ranking of the New York-based financial services companies with the biggest holdings of firearms manufacturers. Compiled from filings with the Securities and Exchange Commission, the list includes hedge funds, banks, investment firms and an insurance company.

The day after he unveiled the list at a news conference, he said, he received a phone call from Laurence D. Fink, chief executive of BlackRock, which Mr. de Blasio ranked second with gun holdings of about $346 million.

“Obviously, he was concerned about how the public saw the firm,” said Mr. de Blasio, who is running to succeed Mayor Michael R. Bloomberg, an outspoken gun control advocate. He said Mr. Fink told him that BlackRock would start offering its clients funds with no exposure to firearms.

BlackRock does not actively pick weapons manufacturers as an investment strategy, a spokesman said. Rather, it offers index funds to its clients and buys the stakes as it duplicates the makeup of stock indexes that include gun manufacturers. The spokesman confirmed that BlackRock could offer its institutional clients the same index funds as before, with the gun assets stripped out. He did not say whether the offering had been made in response to Mr. de Blasio’s list.

The biggest gun investor on the list, with at least $706 million in gun holdings, was Cerberus Capital Management, a private equity firm that created a small conglomerate called the Freedom Group out of a number of smaller makers of guns, ammunition and shooting accessories.

The Freedom Group is the manufacturer of the Bushmaster semiautomatic rifle that the Newtown gunman, Adam Lanza, used before taking his own life. Cerberus said last month that it would sell the group, and Mr. de Blasio said he would remove Cerberus from his list when the sale was closed.

The third biggest institution, with $140 million in gun holdings, was State Street Corporation, a large provider of custodial banking services.

On Tuesday, the board of New York City’s pension fund considered a resolution from Mr. de Blasio to divest from all weapons makers, given that the massacre in Newtown stirred nationwide revulsion that could erode the value of their stocks.

Instead, the trustees voted in favor of another resolution, introduced by the Bronx borough president, Rubén Díaz Jr., to divest only from makers of assault weapons and high-capacity ammunition magazines.

Mr. Díaz’s resolution also called for the New York City comptroller to prepare a report for the board on what the investments consisted of and how to minimize any losses from the divestment process.

Although pension trustees have a fiduciary duty to be prudent stewards of the money they control, they are often unaware of exactly what is in their investment portfolios. They rely on staff and outside consultants to track specific investments and make recommendations. Outside investment firms are typically told to invest large blocks of money according to general principles, and to strive for certain benchmarks, rather than picking specific assets.

The pension funds that elected to place millions of dollars with Cerberus, for example, were not told beforehand that it was going to buy gun companies and put them together under a common name with a new marketing plan.

Many public pension trustees remain unconvinced that divesting from weapons manufacturers is consistent with their duty to protect the interests of their current and future retirees. Union representatives in particular often say that their job is to get maximum benefits for their members.

“It’s understandable why the trustees of public funds might want to shy away from this sort of thing,” said Amer Ahmad, the Chicago comptroller, who pushed that city’s main pension board to divest on Wednesday. “People understandably fear that there are constraints or limits to their fiduciary responsibility. But to the contrary, the mayor and I have made a long and, I feel, persuasive case that if we don’t act, we are actually failing in our fiduciary duty.”

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Racy Victorian divorces online at genealogy website

LONDON (Reuters) – The original Mrs Robinson’s diary and scandalous suggestions about a former heir to the British throne are all part of the latest ancestral revelations to go online.

British genealogical website Ancestry.co.uk said on Tuesday it has put the transcripts of thousands of Victorian divorce proceedings online, which reveal the racy details of an era that most modern Britons consider to have been dominated by imperial duty, a stiff upper lip and formal familial relations.

The UK Civil Divorce Records, 1858-1911 date from the year when the Matrimonial Causes Act removed the jurisdiction of divorce from the church and made it a civil matter.

Before this, a full divorce required intervention by Parliament, which had only granted around 300 since 1668. The records also include civil court records on separation, custody battles, legitimacy claims and nullification of marriages, according to the website.

Primarily due to their high cost, divorces were relatively rare in the 19th century, with around 1,200 applications made a year, compared to approximately 120,000 each year today, and not all requests were successful due to the strength of evidence required.

The rarity of such cases, combined with the fact that it was wealthy, often well-known nobility involved, made the divorce proceedings huge public scandals, played out in the press as real life soap operas.

Famously high-profile divorces included that of Henry and Isabella Robinson, the inspiration for the novel “Mrs Robinson’s Disgrace”, by Kate Summerscale.

Henry Robinson sued for divorce after reading his wife Isabella’s diary, which included in-depth details of her affair with a younger married man.

The diary was used as court evidence and when reported by the media became a huge scandal, partly because of the language used within the journal. Isabella, however, claimed the diary was a work of fiction, which led to her victory in court.

Conservative MP and baronet, Charles Mordaunt, filed for divorce in 1869 from his wife Harriet who stood accused of adultery with multiple men.

The case became national news when the Prince of Wales was rumored to be among the men who had had an affair with her. This rumor was never proven and Lady Mordaunt was eventually declared mad and spent the rest of her life in an asylum.

“At the time, such tales often developed into national news stories, but now they’re more likely to tell us something about the double standards of the Victorian divorce system or help us learn more about the lives of our sometimes naughty ancestors,” Ancestry.co.uk UK Content Manager Miriam Silverman said in a statement on Tuesday.

When the divorce laws first came into effect, men could divorce for adultery alone, while women had to supplement evidence of cheating with solid proof of mistreatment, such as battery or desertion.

Despite this double standard, roughly half of the records are accounts of proceedings initiated by the wife. Many of the nullifications of marriages fall into this category, with failure to consummate the nuptials a common reason.

One such example in the records shows a Frances Smith filing for divorce in 1893 under such grounds.

In the court ledgers it is noted that the marriage was never consummated, with the husband incapable “by reason of the frigidity and impotency or other defect of the parts of generation” and “such incapacity is incurable by art or skill” following inspection.

(Reporting by Paul Casciato; editing by Patricia Reaney)

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The Lede Blog: Clinton Testifies on Benghazi Attacks

The Lede followed Secretary of State Hillary Rodham Clinton’s testimony Wednesday before the House Foreign Affairs Committee and Senate Foreign Relations Committee about the Sept. 11, 2012, attacks on the American Consulate in the eastern city of Benghazi, Libya, that killed Ambassador Chris Stevens and three other Americans.

At a House Committee hearing last October investigating the attack, as reported on The Lede, State Department officials and security experts who served on the ground offered conflicting assessments about what resources were requested and made available to deal with growing security concerns in Tripoli and Benghazi.

Mrs. Clinton had been scheduled to testify before Congress last month, but an illness, a concussion and a blood clot near her brain forced her to postpone her appearance.

As our colleagues Michael R. Gordon and Eric Schmitt reported, four State Department officials were removed from their posts on last month after an independent panel criticized the “grossly inadequate” security at a diplomatic compound in Benghazi.

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Seau's family sues NFL over brain injuries

Add Junior Seau's family to the thousands of people who are suing the NFL over the long-term damage caused by concussions.

Seau's ex-wife and four children sued the league Wednesday, saying the former linebacker's suicide was the result of brain disease caused by violent hits he sustained while playing football.

The wrongful death lawsuit, filed in California Superior Court in San Diego, blames the NFL for its "acts or omissions" that hid the dangers of repetitive blows to the head. It says Seau developed chronic traumatic encephalopathy (CTE) from those hits, and accuses the NFL of deliberately ignoring and concealing evidence of the risks associated with traumatic brain injuries.

Seau died at age 43 of a self-inflicted gunshot in May. He was diagnosed with CTE, based on posthumous tests, earlier this month.

An Associated Press review in November found that more than 3,800 players have sued the NFL over head injuries in at least 175 cases as the concussion issue has gained attention in recent years. The total number of plaintiffs is 6,000 when spouses, relatives and other representatives are included.

Scores of the concussion lawsuits have been brought together before U.S. District Judge Anita B. Brody in Philadelphia.

"Our attorneys will review it and respond to the claims appropriately through the court," the NFL said in a statement Wednesday.

Helmet manufacturer Riddell Inc., also is a defendant, with the Seau family saying Riddell was "negligent in their design, testing, assembly, manufacture, marketing, and engineering of the helmets" used by NFL players. The suit says the helmets were unreasonably dangerous and unsafe.

Riddell issued a statement saying it is, "confident in the integrity of our products and our ability to successfully defend our products against challenges."

Seau was one of the best linebackers during his 20 seasons in the NFL, retiring in 2009.

"We were saddened to learn that Junior, a loving father and teammate, suffered from CTE," the family said in a statement released to the AP. "While Junior always expected to have aches and pains from his playing days, none of us ever fathomed that he would suffer a debilitating brain disease that would cause him to leave us too soon.

"We know this lawsuit will not bring back Junior. But it will send a message that the NFL needs to care for its former players, acknowledge its decades of deception on the issue of head injuries and player safety, and make the game safer for future generations."

Plaintiffs are listed as Gina Seau, Junior's ex-wife; Junior's children Tyler, Sydney, Jake and Hunter, and Bette Hoffman, trustee of Seau's estate.

The lawsuit accuses the league of glorifying the violence in pro football, and creating the impression that delivering big hits "is a badge of courage which does not seriously threaten one's health."

It singles out NFL Films and some of its videos for promoting the brutality of the game.

"In 1993's 'NFL Rocks,' Junior Seau offered his opinion on the measure of a punishing hit: 'If I can feel some dizziness, I know that guy is feeling double (that)," the suit says.

The NFL consistently has denied allegations similar to those in the lawsuit.

"The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is committed to supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels," the league told the AP after it was revealed Seau had CTE.

The lawsuit claims money was behind the NFL's actions.

"The NFL knew or suspected that any rule changes that sought to recognize that link (to brain disease) and the health risk to NFL players would impose an economic cost that would significantly and adversely change the profit margins enjoyed by the NFL and its teams," the Seaus said in the suit.

The National Institutes of Health, based in Bethesda, Md., studied three unidentified brains, one of which was Seau's, and said the findings on Seau were similar to autopsies of people "with exposure to repetitive head injuries."

"It was important to us to get to the bottom of this, the truth," Gina Seau told the AP then. "And now that it has been conclusively determined from every expert that he had obviously had CTE, we just hope it is taken more seriously. You can't deny it exists, and it is hard to deny there is a link between head trauma and CTE. There's such strong evidence correlating head trauma and collisions and CTE."

In the final years of his life, Seau went through wild behavior swings, according to Gina and to 23-year-old son, Tyler. There also were signs of irrationality, forgetfulness, insomnia and depression.

"He emotionally detached himself and would kind of 'go away' for a little bit," Tyler Seau said. "And then the depression and things like that. It started to progressively get worse."

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Research on Deadly Bird Flu to Resume After Safety Debate

Experiments with a deadly flu virus, suspended last year after a fierce global debate over safety, will start up again in some laboratories, probably within the next few weeks, scientists say.

The research touched off a firestorm in 2011 when it became known that two groups, one in the Netherlands and another in the United States, had genetically altered a dangerous bird flu virus to make it more contagious in mammals. Some scientists warned that a deadly pandemic could break out if the mutant virus leaked out of the lab accidentally or if terrorists stole it or made it themselves, using articles in scientific journals for the recipe.

The outcry led scientists conducting the experiments to declare a voluntary moratorium a year ago, in part to let research organizations and governments decide what safety rules to require.

Now, flu researchers say, the moratorium should end because most countries have rules in place. A letter from 40 scientists — the same ones who called the moratorium last year — was published on Wednesday in the journals Science and Nature, saying it is time for the work to begin again in countries ready to allow it.

But the United States, which pays for much of the flu research both at home and abroad, has not yet released new guidelines. So scientists in America will not be able to resume experiments yet, nor will those in other countries who depend on grant money from the United States.

During a telephone news conference on Wednesday, Ron Fouchier, a virologist who conducted some of the flu experiments at Erasmus Medical Center in the Netherlands, said the scientists were lifting the moratorium without waiting for guidelines from the United States.

“How long do you want us to wait?” Dr. Fouchier asked. “If this was the Netherlands, would the U.S. wait? Should all countries really wait for the U.S., and why?”

He said his laboratory would resume research within a few weeks. Although he receives research money from the National Institutes of Health in the United States, funding from other sources will allow him to go ahead, he said. Other researchers in the European Union would be free to pick up the research if they had funding that did not come from the United States government, he said. Laboratories in China and Canada may be ready to start up, but Japan, like the United States, is still working on new guidelines, researchers said during the teleconference.

Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, said the Department of Health and Human Services was reviewing new guidelines, and that he expected them to be approved in weeks. The guidelines will specify the laboratory conditions under which this type of research is permitted and require that experiments have a potential benefit for public health.

The experiments involve a type of bird flu virus called H5N1. It does not often infect people, but appears unusually deadly when it does. Of 610 known cases in people since 1997, slightly more than half have been fatal. But the real death rate is not known and could be lower than half because some mild cases may go uncounted.

So far, H5N1 has rarely spread from person to person. People who fall ill have nearly always caught it from poultry. But flu viruses mutate a lot, and the fear has been that H5N1 will somehow become more contagious in humans.

The debated experiments, by Dr. Fouchier and Dr. Yoshihiro Kawaoka, at the University of Wisconsin-Madison, involved ferrets, which are considered a good model for flu research because they react to the virus in much the way people do. Researchers can infect ferrets with H5N1 by squirting the virus into their noses or lungs, but then the animals normally do not infect one another. However, by genetically manipulating the virus, researchers created a form that became airborne and spread from ferret to ferret. Its transmissibility set off alarms.

Advocates of the research insist it can be done safely. And they say it is necessary so scientists can recognize changes in naturally occurring viruses that are dangerous and signal the need to eradicate infected animal populations. Understanding the viruses better should also help researchers develop more effective vaccines and antiviral drugs, Dr. Fouchier said.

He said other scientists could be given samples of the mutant virus for research only with the permission of Erasmus Medical Center, the National Institutes of Health and virus experts at the Mount Sinai Medical Center in Manhattan.

But some scientists still have reservations. Michael T. Osterholm, director of the Minnesota Center of Excellence for Influenza Research and Surveillance at the University of Minnesota and a member of a United States biosecurity board, said that he thought the research should go on, but that details should not be published for fear others would try to replicate it without safety precautions.

“The work they’re doing is really important,” he said, “but I don’t see it as work I want in the hands of every potential gene jockey out there.”

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